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The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012

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Welsh Statutory Instruments

2012 No. 531 (W.83)

HOUSING, WALES

The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012

Made

23 February 2012

Laid before the National Assembly for Wales

28 February 2012

Coming into force

21 March 2012

The Welsh Ministers, in exercise of the powers vested in them(1) by section 250(2)(a) of, and Schedule 13 to, the Housing Act 2004(2) make the following Regulations.

In accordance with paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007(3) the Welsh Ministers have consulted with the Administrative Justice and Tribunals Council.

PART 1GENERAL

Title, commencement and application

1.—(1) The title of these Regulations is the Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012. They come into force on 21 March 2012.

(2) These Regulations apply to proceedings of residential property tribunals for determining applications in respect of premises in Wales.

Interpretation

2.  In these Regulations—

“the 2004 Act” (“Deddf 2004”) means the Housing Act 2004;

“the 1985 Act” (“Deddf 1985”) means the Housing Act 1985(4);

“the 1983 Act” (“Deddf 1983”) means the Mobile Homes Act 1983(5);

“application” (“cais”) means an application or appeal to a tribunal under—

(a)

the 2004 Act;

(b)

Part 9 of the 1985 Act; or

(c)

the 1983 Act (including any application made following the transfer of any matter arising from an application to the court made under that Act),

and “applicant” (“ceisydd”) bears a corresponding meaning;

“case management conference” (“cynhadledd rheoli achos”) means a pre-trial review or any other meeting held by a tribunal for the purpose of managing the proceedings in respect of an application;

“dwelling” (“annedd”) has the same meaning as in section 322 of the 1985 Act;

“dwelling-house” (“tŷ annedd”) has the same meaning as in section 183 of the 1985 Act;

“EDMO” (“GRhAG”) means an empty dwelling management order and it has the same meaning as in section 132 of the 2004 Act;

“IMO authorisation application” (“cais awdurdodi GRhI”) means an application for authorisation to make an interim management order under section 102(4) or (7) of the 2004 Act(6);

“interested person” (“person â buddiant”) means in relation to a particular application—

(a)

a person other than the applicant who would have been entitled under the 2004 Act or the 1985 Act (as the case may be) to make the application;

(b)

a person to whom notice of the application must be given by the applicant in accordance with the following provisions of the 2004 Act—

(i)

paragraph 11(2) of Schedule 1; or

(ii)

paragraph 14(2) of Schedule 3;

(c)

a person to whom the tribunal must give the opportunity of being heard in accordance with the following provisions—

(i)

section 34(4) of the 2004 Act; or

(ii)

section 317(2) of the 1985 Act;

(d)

except in relation to an application made under the 1983 Act, the Local Housing Authority, where it is not a party to the application;

(e)

the person to whom the occupier wants to sell or gift a mobile home under paragraphs 8 or 9 of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act; and

(f)

a qualifying residents' association;

“LHA” (“ATLl”) means a local housing authority(7);

“mobile home” (“cartref symudol”) has the same meaning as in section 5(1) of the 1983 Act;

“occupier” (“meddiannydd”) means, in respect of an application made under the 1983 Act, the person entitled to station the mobile home on land forming part of the protected site and to occupy the mobile home as that person’s only or main residence under an agreement to which the 1983 Act applies;

“pitch” (“llain”) has the same meaning as is given in Chapter 1 of Part 1 of Schedule 1 to the 1983 Act;

“premises” (“mangre”) means—

(a)

in any application except an application made under the 1983 Act, the dwelling or building to which the application relates; and

(b)

in any application made under the 1983 Act, the pitch, protected site or mobile home to which the application relates;

“protected site” (“safle a ddiogelir”) has the same meaning as in section 5(1) of the 1983 Act;

“qualifying residents' association” (“cymdeithas preswylwyr gymwys”) means an association that meets the requirements set out in Part 1 of Schedule 1 to the 1983 Act;

“the respondent” (“yr ymatebydd”) means, in respect of each application to which a paragraph of the Schedule to these Regulations applies, the person or persons, or one of the persons, specified in sub-paragraph (3) of that paragraph;

“site owner” (“perchennog safle”) in relation to a protected site, has the same meaning as “owner” in section 5(1) of the 1983 Act;

“statement of reasons” (“datganiad o resymau”) means a statement of reasons prepared by the LHA under section 8 of the 2004 Act (reasons for decision to take enforcement action); and

“tribunal” (“tribiwnlys”) means a residential property tribunal(8), and “the tribunal” (“y tribiwnlys”) in relation to an application means the tribunal by which the application is to be determined.

PART 2RESIDENTIAL PROPERTY TRIBUNAL PROCEDURES

The overriding objective and parties' obligation to co-operate with the tribunal

3.—(1) When a tribunal—

(a)exercises any power under these Regulations; or

(b)interprets any regulation,

it must seek to give effect to the overriding objective of dealing fairly and justly with applications which it is to determine.

(2) Dealing with an application fairly and justly includes—

(a)dealing with it in ways which are proportionate to the complexity of the issues and to the resources of the parties;

(b)ensuring, so far as practicable, that the parties are on an equal footing procedurally and are able to participate fully in the proceedings;

(c)assisting any party in the presentation of the party’s case without advocating the course the party should take;

(d)using the tribunal’s special expertise effectively; and

(e)avoiding delay, so far as is compatible with proper consideration of the issues.

(3) Parties must—

(a)help the tribunal to further the overriding objective; and

(b)co-operate with the tribunal generally.

Request for extension of time to make an application

4.—(1) This regulation applies where a person makes a request to a tribunal for permission to make an application after the end of the period stipulated in the 2004 Act or the 1983 Act as the period within which the application must be made.

(2) A request to which this regulation applies must—

(a)be in writing;

(b)give reasons for the failure to make the application before the end of that period and for any delay since then;

(c)include a statement that the person making the request believes that the facts stated in it are true; and

(d)be dated and signed.

(3) Where a request mentioned in paragraph (1) is made, the applicant must at the same time send the completed application to which the request relates to the tribunal.

(4) A single qualified member of the panel(9) may grant or refuse a request made under paragraph (1).

Limit on the number of pitches, mobile homes or references on a single application under the 1983 Act

5.—(1) Where an application to a tribunal to determine any question arising under the 1983 Act relates to more than one pitch or mobile home, the application may refer to only one provision of the 1983 Act.

(2) No application to a tribunal to determine any question arising under the 1983 Act may relate to more than 20 pitches or mobile homes.

Particulars of application

6.—(1) An application must be in writing and must contain the following particulars—

(a)the name and address of the applicant;

(b)the name and address of the respondent where known to the applicant or, where not known, a description of the respondent’s connection with the premises;

(c)the address of the premises;

(d)the applicant’s connection with the premises;

(e)the applicant’s reasons for making the application including the remedy sought;

(f)where known to the applicant, the name and address of any interested person;

(g)a statement that the applicant believes that the facts stated in the application are true;

(h)be dated and signed; and

(i)in respect of each application to which a paragraph in the Schedule to these Regulations applies, the documents specified in sub-paragraph (2) of that paragraph.

(2) Any of the requirements contained in paragraph (1) may be dispensed with or relaxed if the tribunal is satisfied that—

(a)the particulars and documents contained in an application are sufficient to establish that the application is one which may be made to a tribunal; and

(b)no prejudice will be, or is likely to be, caused to any party to the application as a result of such dispensation or relaxation.

(3) A single qualified member of the panel may exercise the power conferred by paragraph (2).

Applications following transfer of application made under the 1983 Act from the court to a tribunal

7.—(1) Where a court transfers to a tribunal any matter arising from an application to the court made under the 1983 Act, the applicant must, in addition to complying with the requirements contained in regulation 6(1), include in the application a copy of the court order by which the matter was transferred.

(2) The tribunal may dispense with or relax any of the requirements contained in paragraph (1) if the tribunal is satisfied that it has received sufficient particulars and documents from the court to establish that the application is one which may be made to a tribunal.

(3) A single qualified member of the panel may exercise the power conferred by paragraph (2).

Acknowledgement and notification of application by tribunal

8.—(1) As soon as practicable after receiving the application, the tribunal must—

(a)send an acknowledgement of receipt to the applicant; and

(b)send a copy of the application and of each document accompanying it to the respondent.

(2) Except in a case to which regulation 10 or 11 applies, the tribunal must also send to the respondent a notice—

(a)specifying the date by which the respondent must send the reply mentioned in regulation 9;

(b)specifying that any response must include—

(i)a statement as to whether or not the respondent intends to oppose the application;

(ii)where not already included in the application, the name and address of each interested person known to the respondent; and

(iii)the address to which documents should be sent for the purposes of the proceedings; and

(c)warning the respondent that if the respondent does not respond by the date specified, and with the information specified the tribunal may—

(i)assume that the respondent does not intend to oppose the application; and

(ii)proceed with the matter in any way it considers to be reasonable in the circumstances of the case.

(3) The date specified in the notice referred to in paragraph (2) must not be less than 14 days after the date specified in the notice as the date on which it was made.

Reply by respondent

9.—(1) Where a respondent receives the notice mentioned in regulation 8(2), the respondent must by the date specified in the notice send to the tribunal a written reply acknowledging receipt of the copy documents sent in accordance with regulation 8(1)(b) and provide the information required under regulation 8(2).

(2) Where the respondent fails to respond by the date specified in the notice mentioned in regulation 8(2) or fails to provide the information required under that paragraph, the tribunal may proceed with the matter in any way it considers to be reasonable in the circumstances of the case.

Urgent IMO authorisation applications

10.—(1) This regulation applies where the LHA requests a tribunal to deal with an IMO authorisation application as a matter of urgency.

(2) Where it appears to the tribunal, on the basis of information accompanying the application, that the exceptional circumstances mentioned in paragraph (3) exist, it must order that an oral hearing (an “urgent oral hearing”) be held.

(3) The exceptional circumstances are that—

(a)there is an immediate threat to the health and safety of the occupiers of the house or to persons occupying or having an estate or interest in any premises in the vicinity of the house; and

(b)by making the interim management order as soon as possible (together where applicable with such other measures as the LHA intends to take) the LHA will be able to take immediate appropriate steps to arrest or significantly reduce the threat.

(4) The tribunal must as soon as practicable notify the parties and each interested person whose name and address have been notified to it—

(a)that the application is being dealt with as a matter of urgency under this regulation;

(b)of the reasons why it appears to the tribunal that the exceptional circumstances exist;

(c)of any requirement to be satisfied by a party before the hearing; and

(d)of the date on which the urgent oral hearing will be held.

(5) The date of the hearing must be not less than 4 days, and not more than 10 days, after the date that notification of the urgent oral hearing is sent.

(6) At the urgent oral hearing the tribunal must—

(a)if it is satisfied upon hearing evidence that the exceptional circumstance do exist, determine the application; or

(b)if it is not so satisfied—

(i)adjourn the hearing; and

(ii)give such directions as it considers appropriate.

(7) A single qualified member of the panel may—

(a)exercise the power conferred by paragraph (2); and

(b)decide the date of the urgent oral hearing.

(8) Where the tribunal orders an urgent oral hearing under paragraph (2) the notice provisions contained in the following regulations do not apply to the application—

(a)regulation 24(5) (notice for an inspection); and

(b)regulation 28(2) and (4) (notice of hearing).

Urgent applications under the 1983 Act relating to sale or gift of a mobile home

11.—(1) This regulation applies where an applicant requests a tribunal, as a matter of urgency—

(a)to deal with an application under paragraph 8(1E) (sale of mobile home) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act for the purposes of paragraph 8(1) or 9(1) (sale or gift of mobile home) of that Chapter; or

(b)to determine under section 4(2) (jurisdiction of a tribunal) of the 1983 Act the question whether it was reasonable for the owner not to approve a person for the purposes of paragraph 8(1) or 9(1) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act.

(2) Where a tribunal is satisfied, on the basis of evidence accompanying the application, that the exceptional circumstances mentioned in paragraph (3) exist, it must order that an oral hearing (an “urgent oral hearing”) be held.

(3) The exceptional circumstances are that—

(a)the site owner either—

(i)has not responded to the notice served on the site owner to approve a person under paragraph 8(1A) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act for the purposes of paragraph 8(1) or 9(1) of that Chapter; or

(ii)did not give approval for the purposes of paragraph 8(1) or 9(1) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act and the applicant considers that the site owner’s refusal was unreasonable;

(b)the person whom the applicant has asked the site owner to approve under paragraph 8 or 9 is ready, willing and able to become the occupier of the mobile home;

(c)the tribunal is satisfied that, subject to approval being given under paragraph 8 or 9, the purchase or gift of the mobile home and its assignment to that person will be completed with minimum delay; and

(d)the applicant has provided evidence to the tribunal indicating that—

(i)the site owner has previously unreasonably withheld approval under paragraph 8 or 9 in respect of a mobile home on a protected site belonging to that site owner; or

(ii)a person has previously declined to proceed with the purchase or gift of a mobile home on the protected site on which the mobile home is situated as a result of the actions or words of the site owner.

(4) The tribunal must as soon as practicable notify the parties and each interested person whose name and address have been notified to it—

(a)that the application is being dealt with as a matter of urgency under this regulation;

(b)of the reasons why it appears to the tribunal that the exceptional circumstances exist;

(c)of any requirement to be satisfied by a party before the hearing; and

(d)of the date of the urgent oral hearing.

(5) The date of the first urgent oral hearing must be set to take place not less than 4 days, and not more than 10 days, after the date on which notification of the urgent oral hearing is sent.

(6) At the urgent oral hearing the tribunal must—

(a)if it is satisfied upon hearing evidence that the exceptional circumstances exist, determine the application; or

(b)if it is not so satisfied—

(i)adjourn the hearing; and

(ii)give such directions as it considers appropriate.

(7) Where an urgent oral hearing set under paragraph (5) is adjourned, the next date set for any subsequent hearing must be not later than 7 days following the date of the previous adjournment.

(8) Where the tribunal orders an urgent oral hearing the notice provisions contained in the following regulations do not apply to the application—

(a)regulation 24(5) (notice for an inspection); and

(b)regulation 28(2) and (4) (notice of hearing).

(9) A single qualified member of the panel may—

(a)exercise the powers conferred by paragraph (2); and

(b)decide the date of any urgent oral hearing.

Applications under the 1983 Act relating to detrimental effect of mobile homes on the amenity of the site

12.—(1) This regulation applies where a site owner applies for a determination by a tribunal under paragraph 5A(2)(a) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act that, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the site.

(2) Where, in the course of a hearing, the tribunal considers that the mobile home is having a detrimental effect on the amenity of the site, but that if certain repairs to the mobile home were carried out, the mobile home would cease to have such a detrimental effect, it must—

(a)inform the site owner and the occupier of the repairs which the tribunal considers should be carried out;

(b)invite both the occupier of the mobile home and the site owner to indicate in relation to those repairs—

(i)the time needed to carry them out; and

(ii)the cost of carrying them out; and

(c)invite the occupier of the mobile home to indicate whether or not the occupier would be willing to carry out those repairs.

(3) The tribunal, having regard to any indications given under paragraph (2)(b) and (c) must either—

(a)make a determination under paragraph 5A(2)(a) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act; or

(b)where paragraph 5A(4) of Chapter 2 of Part 1 of that Schedule applies, make an interim order requiring the occupier of the mobile home to carry out such repairs within such time as the tribunal considers reasonable.

(4) Where the tribunal makes an interim order under paragraph (3)(b), it must adjourn the hearing and set the date of a new hearing, which must be no later than 7 days from the date stipulated in the order as the date by which the repairs must be carried out.

(5) When setting a new hearing date under paragraph (4), the tribunal must—

(a)give the parties not less than 14 days' notice of the hearing date; and

(b)invite both the site owner and the occupier to indicate, no later than 4 days before the new hearing date, whether (in their opinion) the repairs described in the order have been completed.

(6) At the new hearing—

(a)if the tribunal has received notification from both the occupier of the mobile home and the site owner that the repairs ordered under paragraph (3)(b) have been completed, the tribunal must dismiss the application;

(b)if the tribunal has not received such notification it must invite any party who is present to make any further representations as to the extent of repairs left to be carried out and the time needed to carry them out; and

(c)having considered any such representations, it must either make a further interim order under paragraph (3)(b) of this regulation or make a determination under paragraph 5A(2)(a) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act.

Request by a person to be treated as an applicant or respondent

13.—(1) A person (“the potential party”) may make a request to the tribunal to be joined as a party to the proceedings.

(2) Any request under paragraph (1)—

(a)may be made without notice;

(b)must be in writing;

(c)must give reasons for the request; and

(d)must specify whether the potential party wishes to be treated as—

(i)an applicant; or

(ii)a respondent.

(3) A tribunal may refuse a request under paragraph (1) where the tribunal is not satisfied that the potential party is an interested person or a person who has sufficient interest in the outcome of proceedings.

(4) As soon as practicable after reaching its decision whether to grant or refuse a request under paragraph (1), the tribunal must—

(a)notify the potential party of the decision and the reasons for it; and

(b)send a copy of the notification to the existing parties.

(5) Any potential party whose request under paragraph (1) is granted must be treated as an applicant or respondent for the purposes of these Regulations.

(6) In these Regulations any reference to an applicant or a respondent must be construed as including a person treated as such under this regulation, and any reference to a party must be construed as including any such person.

(7) A single qualified member of the panel may grant or refuse a request under paragraph (1).

Determining applications together

14.—(1) This regulation applies where separate applications have been made which, in the opinion of the tribunal—

(a)in the case of applications made under the 2004 Act—

(i)involve related issues concerning the same premises; or

(ii)are made in respect of two or more premises in which the same person is the person having control of each of those premises and the same LHA is either the applicant or respondent in respect of each of those premises;

(b)in the case of applications made under the 1983 Act—

(i)involve related issues concerning the same protected site; or

(ii)are made in respect of two or more protected sites and the site owner of each of those sites is the same.

(2) Where paragraph (1) applies, the tribunal may order that—

(a)some or all of those applications; or

(b)particular issues or matters raised in the applications,

are determined together.

(3) A single qualified member of the panel may exercise the power conferred by paragraph (2).

Payment of fees

15.  Where a fee which is payable under Part 3 of these Regulations is not paid within a period of 14 days from the date on which the application is received, the application is treated as withdrawn unless the tribunal is satisfied that there are reasonable grounds not to do so.

Representatives

16.—(1) This regulation—

(a)applies where a party, an interested person, or the representative of a party or an interested person, makes a request in writing to the tribunal for information or documents to be supplied to the representative of a party or interested person, but

(b)ceases to apply when the tribunal receives written notification that the representative has ceased representing that party or interested person.

(2) A request mentioned in paragraph (1)(a) must contain the name and address of the representative.

(3) Where this regulation applies, any duty of the tribunal under these Regulations to supply any information or document to the party or interested person is satisfied by sending or giving it to the representative.

Supply of information and documents to interested persons

17.—(1) Where the tribunal is notified of the name and address of an interested person, it must ensure that as soon as is practicable that person is supplied with—

(a)a copy of the application;

(b)an explanation of the procedure for applying to be joined as an applicant or respondent; and

(c)any other information or document which the tribunal considers appropriate.

(2) The tribunal may ensure the supply of information or documents under paragraph (1) by—

(a)itself supplying the interested person with the information or documents;

(b)itself supplying the information or documents to a representative of the interested person; or

(c)requiring a party by an order made under regulation 23 to supply the information or documents to the interested person or the interested person’s representative.

(3) Subject to paragraph (4), where—

(a)information and documents are supplied to an interested person in accordance with paragraph (1); and

(b)the tribunal receives a request from that interested person to continue to supply the interested person with information and documents,

the tribunal must continue to ensure the supply to that interested person of any information or document concerning the matter to which the proceedings relate which the tribunal considers appropriate.

(4) The tribunal’s duty under paragraph (3) ceases upon the interested person being joined as a party under regulation 13 or upon notification that the person no longer wishes to receive the information or documents.

Supply of documents by tribunal

18.—(1) Before determining an application, the tribunal must take all reasonable steps to ensure that each of the parties is supplied with—

(a)a copy of any document relevant to the proceedings (or sufficient extracts from or particulars of the document) which has been received from any other party or from an interested person (other than a document already in that party’s possession or one of which that party has previously been supplied with a copy); and

(b)a copy of any document which embodies the results of any relevant enquiries made by or for the tribunal for the purposes of the proceedings.

(2) At a hearing, if a party has not previously received a relevant document or a copy of, or sufficient extracts from or particulars of, a relevant document, then unless—

(a)that person consents to the continuation of the hearing; or

(b)the tribunal considers that that person has a sufficient opportunity to deal with the matters to which the document relates without an adjournment of the hearing,

the tribunal must adjourn the hearing for a period which it considers will give that person sufficient opportunity to deal with those matters.

Supply of information and documents by parties

19.—(1) Subject to paragraph (5), the tribunal may make an order requiring a party to supply to the tribunal any information or document which it is in the power of that party to supply and which is specified, or is of a description specified, in the order.

(2) The tribunal may make an order requiring a party to supply to another party, or to an interested person, copies of any documents supplied or to be supplied to the tribunal under paragraph (1).

(3) A party who is subject to an order made under paragraph (1) or (2) must supply such information, documents or copies by such time as may be specified in, or determined in accordance with, the order.

(4) Subject to paragraph (5) the tribunal may make an order requiring any person to attend an oral hearing to give evidence and produce any documents specified, or of a description specified, in the order which it is in the power of that person to produce.

(5) Paragraphs (1) and (4) do not apply in relation to any document which a person could not be compelled to produce on the trial of an action in a court of law in England and Wales.

(6) A single qualified member of the panel may make an order under paragraph (1), (2) or (4) which is—

(a)preliminary to an oral hearing; or

(b)preliminary or incidental to a determination.

Failure to comply with an order to supply information and documents

20.  Where a party has failed to comply with an order made under regulation 19(1), (2) or (4) the tribunal may—

(a)draw such inferences as it thinks fit; or

(b)make an order dismissing or allowing the whole or part of the application.

Determination without a hearing

21.—(1) Subject to paragraphs (2) and (7) the tribunal may determine an application without an oral hearing if it has given the parties not less than 14 days' notice in writing of its intention to do so.

(2) At any time before the application is determined—

(a)the applicant or the respondent may request an oral hearing; or

(b)the tribunal may give notice to the parties that it intends to hold an oral hearing.

(3) Where a request is made or a notice given under paragraph (2) the tribunal must give notice of a hearing in accordance with regulation 28.

(4) Subject to paragraph (5), a determination without an oral hearing may be made in the absence of any representations by the respondent.

(5) In respect of an application made under paragraphs 4, 5, 5A or 10 of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act, a determination without an oral hearing may only be made—

(a)where the respondent has notified the tribunal that the respondent does not oppose the application; or

(b)all parties have notified the tribunal that they consent to the application being determined without a hearing.

(6) A single qualified member of the panel may decide whether an oral hearing is or is not appropriate to determine an application.

(7) This regulation does not apply to an application to which regulation 10 (urgent IMO authorisation applications) or regulation 11 (urgent applications under the 1983 Act relating to sale or gift of a mobile home) applies.

Interim orders

22.—(1) A tribunal may make an order on an interim basis (an “interim order”)—

(a)suspending, in whole or in part, the effect of any decision, notice, order or licence which is the subject matter of proceedings before it; or

(b)for the time being granting any remedy which it would have had power to grant in its final decision.

(2) Where the tribunal makes an interim order without first giving the parties the opportunity to make representations with regard to making it, a party may request that the interim order be varied or set aside.

(3) Any such request may be made—

(a)orally at a hearing;

(b)in writing; or

(c)by such other means as the tribunal may permit.

(4) The tribunal must provide to each party as soon as reasonably practicable after making an interim order a notice setting out the order and, except in the case of an order made with the consent of all parties, giving reasons for the decision to make the order.

(5) This regulation does not apply to an application to which regulation 10 (urgent IMO authorisation applications) or regulation 11 (urgent applications under the 1983 Act relating to sale or gift of a mobile home) applies.

Directions

23.—(1) A party may request the tribunal to give a direction by order under its general power in section 230(2) of the 2004 Act.

(2) A party to whom a procedural direction is addressed may request the tribunal to vary it or set it aside.

(3) A request referred to in paragraph (1) or (2) may be made—

(a)orally at a case management conference or hearing;

(b)in writing; or

(c)by such other means as the tribunal may permit.

(4) A party making a request under paragraph (1) must specify the procedural directions which are sought and the reasons for seeking them.

(5) A single qualified member of the panel may give a procedural direction as to any matter which is—

(a)preliminary to an oral hearing; or

(b)preliminary or incidental to a determination.

(6) In paragraphs (2), (4) and (5) “procedural direction” (“cyfarwyddyd gweithdrefnol”) means any direction other than a direction set out in paragraphs (a) to (e) of section 230(5) or paragraphs (a) to (d) of section 230(5A) of the 2004 Act.

Inspection of premises and neighbourhood

24.—(1) Subject to paragraph (3) the tribunal may inspect—

(a)the premises;

(b)any other premises inspection of which may assist the tribunal in determining the application;

(c)the locality of the premises.

(2) Subject to paragraph (3)—

(a)the tribunal must give the parties an opportunity to attend an inspection; and

(b)a member of the Administrative Justice and Tribunals Council who is acting in that capacity may attend any inspection.

(3) The making of and attendance at an inspection is subject to any necessary consent being obtained.

(4) Where there is an oral hearing, an inspection may be carried out before, during, or after the hearing.

(5) Subject to paragraph (6), the tribunal must give the parties not less than 14 days' notice of the date, time and place of the inspection.

(6) The requirement for notice in paragraph (5) may be dispensed with or relaxed if the tribunal is satisfied that the parties have received sufficient notice.

(7) Where an inspection is made after the close of an oral hearing, the tribunal may reopen the hearing on account of any matter arising from the inspection, after giving reasonable notice of the date, time and place of the reopened hearing to the parties.

(8) Where an application is to be determined by a single qualified member of the panel, the functions of the tribunal under this regulation may be exercised by that member.

Expert evidence

25.—(1) In this regulation “expert” (“arbenigwr”) means an independent expert who is not an employee of a party.

(2) Subject to paragraph (4) a party may adduce expert evidence, and in doing so must—

(a)provide the tribunal with a written summary of the evidence; and

(b)subject to paragraph (5), supply a copy of that written summary to each other party at least 7 days before—

(i)the date of the relevant oral hearing notified in relation to the application under regulation 28; or

(ii)the date notified under regulation 21 upon which the application will be determined without an oral hearing.

(3) An expert’s written summary of evidence must—

(a)be addressed to the tribunal;

(b)include details of the expert’s qualifications;

(c)contain a summary of the instructions the expert has received for the making of the report; and

(d)contain a statement that the expert understands and has complied with the duty to assist the tribunal on the matters within the expert’s expertise, overriding any obligation to the person from whom the expert has received instructions or by whom the expert is employed or paid.

(4) Where the tribunal gives a direction, under its general power in section 230(2) of the 2004 Act, that a party may not adduce expert evidence without its permission, it may specify as a condition of that permission that—

(a)the expert’s evidence must be limited to such matters as the tribunal directs;

(b)the expert must attend a hearing to give oral evidence; or

(c)the parties must jointly instruct the expert.

(5) The time limit in paragraph (2)(b) may be dispensed with or relaxed if the tribunal is satisfied that the parties have received sufficient notice.

Case management conference

26.—(1) The tribunal may hold a case management conference.

(2) The tribunal must give the parties not less than 7 days' notice of the date, time and place of the case management conference.

(3) At the case management conference the tribunal may order the parties to take such steps or do such things as appear to it to be necessary or desirable for securing the just, expeditious and economical determination of the application.

(4) The tribunal may postpone or adjourn a case management conference.

(5) A party may be represented at a case management conference.

(6) A single qualified member of the panel may exercise the power conferred by paragraph (1), (3) or (4).

Other case management powers

27.—(1) The tribunal may—

(a)reduce the time appointed by or under these Regulations for doing any act where all parties agree the reduction in question;

(b)extend the time appointed by or under these Regulations for doing any act, even if the time appointed has expired, where—

(i)it would not be reasonable to expect the person in question to comply or have complied within that time; or

(ii)not to extend the time would result in substantial injustice;

(c)permit the use of telephone, video link, or any other method of communication—

(i)to make representations to the tribunal; or

(ii)for the purposes of a case management conference or hearing;

(d)require any person giving written evidence to include with that evidence a signed statement that the person believes the facts stated in the evidence are true;

(e)take any other step or make any other decision which the tribunal considers necessary or desirable for the purpose of managing the case.

(2) The tribunal may exercise its powers under these Regulations in response to a request to do so or on its own initiative.

(3) A single qualified member of the panel may exercise the powers under this regulation as to any matter which is preliminary to—

(a)an oral hearing; or

(b)a determination which is to be made without an oral hearing.

Notice of hearing

28.—(1) The tribunal must give notice to the parties of the date, time and place of any hearing.

(2) Subject to paragraph (3), notice of the hearing must be given not less than 21 days before the appointed date.

(3) In exceptional circumstances the tribunal may, without the agreement of the parties, give less than 21 days' notice of the appointed date, time and place of the hearing; but any such notice must be given as soon as practicable before the appointed date and the notice must specify what the exceptional circumstances are.

(4) A single qualified member of the panel may exercise the power in paragraph (3).

Postponement of hearing

29.—(1) Subject to paragraph (3), the tribunal may postpone an oral hearing.

(2) The tribunal must give reasonable notice to the parties of the time and date to which a hearing is postponed.

(3) Where postponement has been requested by a party the tribunal must not postpone the hearing except where it considers it is reasonable to do so having regard to—

(a)the grounds for the request;

(b)the time at which the request is made; and

(c)the convenience of the parties.

(4) A single qualified member of the panel may exercise the functions of the tribunal under this regulation.

Hearing

30.—(1) At a hearing—

(a)the tribunal must (subject to these Regulations) determine the procedure and conduct;

(b)any person appearing before the tribunal may do so either in person or through a representative;

(c)the parties are entitled to—

(i)give relevant evidence;

(ii)call witnesses;

(iii)question any witness; and

(iv)address the tribunal on the evidence and on the law and generally on the subject matter of the application; and

(d)the tribunal may receive evidence of any fact or any opinion which seems to it to be relevant, even if the evidence or opinion would be inadmissible in proceedings before a court of law, and must not refuse to admit any evidence or opinion presented in due time which is admissible at law and is relevant and necessary and has not been improperly obtained.

(2) At a hearing the tribunal may, if it is satisfied that it is just and reasonable to do so, permit a party to rely on reasons not previously stated and on evidence not previously available or not previously adduced.

(3) The tribunal may adjourn a hearing, but if this is done at the request of a party it must consider that it is reasonable to do so having regard to—

(a)the grounds for the request;

(b)the time at which the request is made; and

(c)the convenience of the parties.

Hearing in public or private

31.—(1) A hearing must be in public except where the tribunal is satisfied that in the circumstances of the case, and subject to the overriding objective described in regulation 3 the hearing should be held in private.

(2) The tribunal may decide under paragraph (1) that—

(a)part only of the hearing must be in private; or

(b)any of the following matters must not be made public—

(i)information about the proceedings before the tribunal;

(ii)the names and identifying characteristics of persons concerned in the proceedings; or

(iii)specified evidence given in the proceedings.

Persons entitled to be present at a hearing held in private

32.—(1) Subject to paragraphs (2) and (3), the following persons are entitled to attend a hearing held in private and to be present at the tribunal’s deliberations with respect to the determination of the application—

(a)a president or chair or other panel member not forming part of the tribunal for the purpose of the hearing;

(b)a member of the Administrative Justice and Tribunals Council who is acting in that capacity;

(c)staff of the tribunal;

(d)any other person permitted by the tribunal, with the consent of the parties.

(2) None of the persons specified in paragraph (1) may take any part in the hearing or such deliberations.

(3) The tribunal may admit persons to a hearing held in private on such terms and conditions as it considers appropriate.

Failure of a party to appear at a hearing

33.  Where a party fails to appear at a hearing the tribunal may proceed with the hearing if—

(a)it is satisfied that notice of the hearing has been given to that party in accordance with these Regulations; and

(b)it is not satisfied that there is a good reason for the failure to appear.

Decisions of a tribunal in determining applications

34.—(1) This regulation applies to a decision determining an application.

(2) If a hearing was held, the decision may be given orally at the hearing.

(3) The tribunal must provide to each party, as soon as reasonably practicable after making a decision which finally disposes of an application, a notice stating the tribunal’s decision (“decision document”).

(4) The decision document must—

(a)be signed and dated by an appropriate person;

(b)set out—

(i)the decision the tribunal has made;

(ii)the reasons for reaching the decision;

(iii)the date of the decision;

(iv)any action that any party to the proceedings must take and the date by which that action must be taken; and

(c)give an explanation of the right of a party to appeal against the decision.

(5) An appropriate person may, by means of a certificate signed and dated by the appropriate person, correct any clerical mistakes in a decision document or any errors or ambiguities arising in it from an accidental slip or omission.

(6) A copy of any correction certified under paragraph (5) must be sent to each party.

(7) In this regulation “appropriate person” (“person priodol”) means—

(a)the Chair of the tribunal; or

(b)in the event of the absence or incapacity of the Chair of the tribunal, another member of the tribunal.

Determination of costs

35.—(1) The tribunal must not make a determination under paragraph 12 of Schedule 13 to the 2004 Act in respect of a party without first giving that party an opportunity of making representations to the tribunal.

(2) Where an application is determined by a single qualified member of the panel that member may make a costs determination in respect of a party to the proceedings on the application.

Withdrawal of application

36.—(1) Subject to paragraph (3), an applicant (“the withdrawing party”) (“y parti sy'n tynnu'n ôl”) may withdraw the whole or a part of the applicant’s application in accordance with paragraph (2)—

(a)at any time before a tribunal begins considering the evidence of the application (whether or not at any oral hearing); and

(b)at any time after the tribunal begins considering the evidence of the application (whether or not at any oral hearing), provided that—

(i)the tribunal is satisfied that the other parties to the application consent to the application being withdrawn; and

(ii)the tribunal consents to the application being withdrawn.

(2) The withdrawing party must notify withdrawal of that application by a signed and dated notice supplied to the tribunal—

(a)sufficiently identifying the application or part of the application which is withdrawn;

(b)stating whether any part of the application, and if so what, remains to be determined; and

(c)confirming that a copy of the notice of the withdrawal has been supplied to all other parties and stating the date on which this was done.

(3) If any of the circumstances in paragraph (4) exist, withdrawal of the application does not take effect until one of the courses of action in paragraph (6) has been carried out.

(4) The circumstances mentioned in paragraph (3) are that—

(a)the tribunal has invited the parties to the proceedings—

(i)to make representations to it as to whether any payment by way of compensation, damages, costs or reimbursement of fees should be repaid to any party; and

(ii)to respond to any representations the tribunal receives under paragraph (i);

and having regard to any representations made to the tribunal by any party under this sub-paragraph, the tribunal has made such order as to payment by way of compensation, damages, costs or reimbursement of fees it reasonably considers should be paid, having regard to all the circumstances of the case;

(b)an interim order in favour of a party has been made; or

(c)a party has given an undertaking to the tribunal.

(5) When inviting representations from the parties under sub-paragraph (4)(a) the tribunal may direct the parties as to the time within which such representations must be provided.

(6) The courses of action mentioned in paragraph (3) are that—

(a)the withdrawing party has sent to the tribunal a written statement signed by all other parties setting out how any order made under paragraph (4)(a), any interim order made under paragraph (4)(b) or any undertaking given under paragraph (4)(c) which apply to the case are to be dealt with; or

(b)the withdrawing party has given notice of the intended withdrawal to all parties and—

(i)the withdrawing party has requested the tribunal to give directions as to the conditions on which the withdrawal may be made; and

(ii)the tribunal has given such directions.

(7) In giving directions under paragraph (6)(b)(ii) the tribunal may impose such conditions as it considers appropriate.

(8) A single qualified member of the panel may make an order under paragraph (4)(b), or give directions under paragraph (5) or (6)(b)(ii).

Enforcement

37.  Any decision of the tribunal may, with the permission of the county court, be enforced in the same way as orders of such a court.

Permission to appeal

38.—(1) In this regulation “to appeal” (“apelio”) means to make an appeal from a decision of the tribunal to the Upper Tribunal (Lands Chamber) and “appellant” (“apelydd”) bears a corresponding meaning.

(2) Where a party makes a request to the tribunal for permission to appeal the request may be made—

(a)orally at the hearing at which the decision is announced by the tribunal; or

(b)subsequently in writing to the office of the tribunal.

(3) A request for permission to appeal must be made within 21 days of the date specified in the decision notice as the date the decision was given.

(4) Where a request for permission to appeal is made in writing it must be signed by the appellant or the appellant’s representative and must—

(a)state the name and address of the appellant and of any representative of the appellant;

(b)identify the decision and the tribunal to which the request for permission to appeal relates; and

(c)state the grounds on which the appellant intends to rely in the appeal.

(5) The tribunal must within the period of 14 days starting with the day the tribunal receives the request for permission to appeal—

(a)send a copy of that request to the other party to the application which is the subject of the request; and

(b)where the appellant withdraws the request for permission to appeal, inform the other party of that withdrawal.

(6) As soon as reasonably practicable after making a decision on a request for permission to appeal the tribunal must send a notice, including reasons for the decision, to the appellant and to the other parties to the application which is the subject of the appeal.

(7) A determination or interim order of a tribunal under regulation 12(3) is treated as a decision of the tribunal for the purposes of this regulation.

(8) A decision under paragraph (6) must include a statement of any relevant statutory provision, rule or guidance relating to any further request to the Upper Tribunal (Lands Chamber) for permission to appeal and of the time and place for making the further request or for giving notice of appeal.

Assistance to participants

39.—(1) In this regulation “participant” (“cyfranogwr”) means an applicant or a party or witness or other person taking part in proceedings relating to an application or to whom an order of the tribunal is addressed.

(2) If a participant informs the tribunal that the participant is unable to read or speak or understand the English language or the Welsh language, the tribunal must make arrangements for the participant to be provided, free of charge, with the necessary translations and assistance of an interpreter to enable the participant’s effective participation in the proceedings.

(3) If a participant informs the tribunal that the participant is unable to read English or Welsh as a consequence of being temporarily or permanently blind or partially sighted, the tribunal must make arrangements for that participant to be provided, free of charge, with the necessary assistance (which may include, but is not limited to, the provision of documents in Braille or in large print, or a reader of the documents) to enable the participant’s effective participation in the proceedings.

(4) If a participant informs the tribunal that the participant is able to speak in English or Welsh, but is unable to read or write in English or Welsh, the tribunal must provide the participant with the services of a person to read and explain the nature and content of any documents, and to write any documents on behalf of the participant that the participant reasonably requires for the purpose of enabling the participant’s effective participation in the proceedings.

(5) The requirement for a tribunal to provide a participant with the services of a person to read, write or explain the nature and content of documents under paragraph (4) does not include a requirement for a tribunal to give any legal advice, but includes a requirement to explain the procedural steps in the proceedings.

(6) If a participant is without hearing or speech, the tribunal must make arrangements for that participant to be provided, free of charge, with the services of a sign language interpreter, lip speaker, or palantypist, to enable that participant’s effective participation in the proceedings.

(7) A participant is entitled to assistance under this regulation whether or not the participant is represented by someone else.

(8) A participant requiring assistance under this regulation, but not receiving it, must at the earliest opportunity notify the requirement for assistance to the tribunal.

(9) This regulation does not in any way restrict the overriding objective of a tribunal described in regulation 3.

Requirements for supply of notices and documents

40.—(1) Any document or notice required or authorised by these Regulations to be supplied to any person, body or authority is deemed to have been duly supplied to that person, body or authority—

(a)if it is sent to the proper address of that person, body or authority by first class post or by special delivery or recorded delivery;

(b)if it is delivered by any other means to the proper address of that person, body or authority;

(c)if with the written consent of the person, body or authority, it is sent to that person, body or authority—

(i)by fax, email or other electronic communication which produces a text received in legible form; or

(ii)by a private document delivery service.

(2) The proper address for the purposes of paragraph (1) is—

(a)in the case of the tribunal, the address of the office of the tribunal;

(b)in the case of an incorporated company or other body registered in the United Kingdom, the address of the registered or principal office of the company or body;

(c)in the case of any other person, body or authority, the usual or last known address of that person, body or authority.

(3) This paragraph applies where—

(a)an intended recipient of a document or notice—

(i)cannot be found after all diligent enquiries have been made;

(ii)has died and has no personal representative; or

(iii)is out of the United Kingdom; or

(b)for any other reason a notice or other document cannot readily be supplied in accordance with these Regulations.

(4) Where paragraph (3) applies, the tribunal may—

(a)dispense with supplying the notice or other document; or

(b)give directions for substituted service in such other form (whether by advertisement in a newspaper or otherwise) or manner as the tribunal thinks fit.

(5) Where it is required under the 2004 Act, the 1985 Act, the 1983 Act or these Regulations that a party must provide evidence that the party has supplied any person with a document, a party may satisfy the requirement by providing a certificate signed by the party confirming that the document was served in accordance with the requirements of this regulation.

Time

41.—(1) Where the time specified by these Regulations for doing any act expires on a Saturday or Sunday or public holiday, it is treated as expiring on the next following day which is not a Saturday or Sunday or public holiday.

(2) A public holiday means Christmas Day, Good Friday or day which under the Banking and Financial Dealings Act 1971(10) is a bank holiday.

Frivolous and vexatious etc applications

42.—(1) Subject to paragraph (2), where it appears to the tribunal that an application is—

(a)frivolous;

(b)vexatious; or

(c)an abuse of process,

the tribunal may dismiss the application in whole or in part.

(2) Before dismissing an application under paragraph (1) the tribunal must give notice of its intention to do so to the applicant in accordance with paragraph (3).

(3) Any notice under paragraph (2) must state—

(a)that the tribunal is minded to dismiss the application;

(b)the grounds on which it is minded to dismiss the application;

(c)that the applicant is entitled to be heard by the tribunal on the question of whether the application should be dismissed, and

(d)the latest date by which the applicant may request to be heard by the tribunal, being not less than 14 days after the date that the notice was sent.

(4) An application may not be dismissed under paragraph (1) unless—

(a)the applicant makes no request to the tribunal before the date mentioned in paragraph (3)(c); or

(b)where the applicant makes such a request, the tribunal has heard the applicant and the respondent, or such of them as attend the hearing, on the question of the dismissal of the application.

Irregularities

43.  Any irregularity resulting from failure by a party to comply with any provision of these Regulations or of any direction of the tribunal before the tribunal has determined the application does not of itself render the proceedings void.

Signature of documents

44.  Where these Regulations require a document to be signed, that requirement is satisfied—

(a)if the signature is either written or produced by computer or other mechanical means; and

(b)the name of the signatory appears beneath the signature in such a way that the signatory may be identified.

PART 3RESIDENTIAL PROPERTY TRIBUNAL FEES

Fees for applications made under the 2004 Act

45.—(1) Subject to regulation 49(2), a fee of £150 is payable for an application to a tribunal under the following provisions of the 2004 Act—

(i)section 22(9) (refusal to approve use of premises subject to a prohibition order);

(ii)section 62(7) (HMO licensing: refusal to grant temporary exemption notice);

(iii)section 86(7) (selective licensing: refusal to grant temporary exemption notice);

(iv)section 126(4) (effect of management orders: furniture);

(v)section 138 (compensation payable to third parties);

(vi)paragraph 10 of Schedule 1 (improvement notice);

(vii)paragraph 13 of Schedule 1 (LHA’s decision to vary, or to refuse to revoke or vary, an improvement notice);

(viii)paragraph 7 of Schedule 2 (prohibition order);

(ix)paragraph 9 of Schedule 2 (LHA’s decision to vary, or to refuse to revoke or vary, a prohibition order);

(x)paragraph 11 of Schedule 3 (improvement notice: demand for recovery of expenses);

(xi)paragraph 31 of Schedule 5 (grant or refusal of licence);

(xii)paragraph 32 of Schedule 5 (HMO licensing: decision to vary or revoke, or to refuse to vary or revoke licence);

(xiii)paragraph 28 of Schedule 6 (LHA’s decision to vary or revoke, or to refuse to vary or revoke, a management order);

(xiv)paragraph 32 of Schedule 6 (management order: third party compensation);

(xv)paragraph 26(1)(a) and (b) of Schedule 7 (final EDMO);

(xvi)paragraph 30 of Schedule 7 (LHA’s decision to vary or revoke, or to refuse to vary or revoke, an interim or final EDMO);

(xvii)paragraph 34(2) of Schedule 7 (EDMO: third party compensation).

(2) Subject to paragraph (3) and regulation 49(2), a fee of £150 is payable for an application to a tribunal under paragraph 24 of Schedule 6 to the 2004 Act (interim and final management order).

(3) No fee is payable where an application under sub-paragraph (1)(b) of paragraph 24 of Schedule 6 to the 2004 Act is made on the grounds set out in sub-paragraph (3) of that paragraph.

Fees for applications made under the 1985 Act

46.  Subject to regulation 49(2), a fee of £150 is payable for an application to a tribunal under the following provisions of the 1985 Act—

(a)section 269(1) (demolition orders);

(b)section 318(1) (power of tribunal to authorise execution of works on unfit premises or for improvement).

Fees for applications made under the 1983 Act

47.—(1) Subject to paragraph (5) and regulation 49(2) a fee of £150 is payable for an application to a tribunal under paragraph 28(1)(h) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act (qualifying residents' association to be acknowledged by owner of protected site).

(2) Subject to paragraph (5) and regulation 49(2), a fee is payable for an application to a tribunal under the following provisions of the 1983 Act—

(a)section 2(2) (terms concerning matters mentioned in Part 2 of Schedule 1 to the 1983 Act to be implied in agreement);

(b)section 2(3) (variation or deletion of express terms in agreement);

(c)section 4 (determination of any question arising under the 1983 Act or any agreement to which the 1983 Act applies);

(d)paragraphs 4, 5 or 5A(2) of Chapter 2 of Part 1 of Schedule 1 (termination by owner);

(e)paragraph 10(1) of Chapter 2 of Part 1 of Schedule 1 (re-siting of mobile home).

(3) The fee payable for each application referred to in paragraph (2) is—

(a)where the application contains one reference, £150;

(b)where the application contains two references, £200;

(c)where the application contains three or four references, £400;

(d)where the application contains five or more references, £500.

(4) For the purpose of paragraph (3), the number of references contained in an application is—

(a)in the case of an application made in respect of one pitch or mobile home, the number of provisions of the 1983 Act to which that application relates; and

(b)in the case of an application made in respect of more than one pitch or mobile home, the number of pitches or mobile homes to which the application relates.

(5) No fee is payable to a tribunal in relation to an application made under the 1983 Act that has been transferred from a court to a tribunal.

Payment of fees

48.  Any fee payable under regulation 45, 46 or 47 must accompany the application and must be paid by a cheque made payable to, or postal order drawn in favour of, the Welsh Ministers.

Liability to pay fee and waiver of fees

49.—(1) The applicant is liable to pay any fee payable under regulation 45, 46 or 47.

(2) No fee is payable under regulation 45, 46 or 47 where, on the date that the application is made, the applicant or that person’s partner is in receipt of—

(a)either of the following benefits under Part 7 of the Social Security Contributions and Benefits Act 1992(11)—

(i)income support; or

(ii)housing benefit;

(b)an income-based jobseeker’s allowance within the meaning of section 1 of the Jobseekers Act 1995(12);

(c)a working tax credit under Part 1 of the Tax Credits Act 2002(13) to which paragraph (3) applies;

(d)a guarantee credit under the State Pensions Credit Act 2002(14);

(e)an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007(15).

(3) This paragraph applies where—

(a)either—

(i)there is a disability element or severe disability element (or both)(16) to the working tax credit received by the person or the person’s partner; or

(ii)the person or the person’s partner is also in receipt of child tax credit(17); and

(b)the gross annual income taken into account for the calculation of the working tax credit is £16,190 or less.

(4) In this regulation and in regulation 50, “partner” (“partner”), in relation to a person, means—

(a)where the person is a member of a couple, the other member of that couple; or

(b)where the person is polygamously married(18) to two or more members of a household, any such member.

(5) In paragraph (4), “couple” (“cwpl”) means—

(a)a man and woman who are married to each other and are members of the same household;

(b)a man and woman who are not married to each other but are living together as husband and wife;

(c)two people of the same sex who are civil partners of each other and are members of the same household; or

(d)two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

Reimbursement of fees

50.—(1) Subject to paragraph (2), in relation to any application in respect of which a fee is payable under regulation 45, 46 or 47, a tribunal may require any party to the application to reimburse any other party to the extent of the whole or part of any fee paid by that party in respect of the application.

(2) A tribunal may not require a party to make such reimbursement if, at the time the tribunal is considering whether or not to do so, the tribunal is satisfied that the party or a partner of the party is in receipt of assistance of any description mentioned in regulation 49(2).

Revocation

51.  The following Regulations are revoked—

(a)The Residential Property Tribunal (Fees) (Wales) Regulations 2006(19); and

(b)The Residential Property Tribunal Procedure (Wales) Regulations 2006(20).

Huw Lewis

Minister for Housing, Regeneration and Heritage, one of the Welsh Ministers

23 February 2012

Regulations 2 and 6

SCHEDULEAdditional details with regard to certain Applications

Applications made under the 2004 Act

Applications relating to improvement notices

1.—(1) This paragraph applies to an application under paragraph 10(1) of Schedule 1 to the 2004 Act (appeal against improvement notice) other than an application referred to in paragraph 2.

(2) The specified documents are—

(a)a copy of the improvement notice (including any schedule to it);

(b)the statement of reasons; and

(c)where the ground or one of the grounds of the application is that one of the courses of action mentioned in paragraph 12(2) of Schedule 1 to the 2004 Act is the best course of action in relation to the hazard, a statement identifying that course of action with the applicant’s reasons for considering it the best course.

(3) The specified respondent is the LHA.

2.—(1) This paragraph applies to an application under paragraph 10 of Schedule 1 to the 2004 Act which consists of or includes the ground set out in paragraph 11(1) of that Schedule (ground of appeal relating to other persons).

(2) The specified documents are—

(a)a copy of the improvement notice (including any schedule to it);

(b)the statement of reasons;

(c)where one of the grounds of the application is that another course of action mentioned in paragraph 12(2) of Schedule 1 to the 2004 Act is the best course of action in relation to the hazard, a statement identifying that course of action with the applicant’s reasons for considering it the best course;

(d)the name and address of any person who as an owner of the premises, in the applicant’s opinion ought to take the action required by the improvement notice or pay the whole or part of the costs of taking that action (“the other owner”);

(e)proof of service of a copy of the application on the other owner; and

(f)a statement containing the following details—

(i)the nature of the other owner’s interest in the premises;

(ii)the reason the applicant considers the other owner ought to take the action concerned or pay the whole or part of the cost of taking that action; and

(iii)where the ground of the application is that the other owner ought to pay the whole or part of the cost of taking the action, the estimated cost of taking the action and the proportion of that cost which the applicant considers the other owner ought to pay.

(3) The specified respondent is the LHA.

3.—(1) This paragraph applies to an application under paragraph 13(1) of Schedule 1 to the 2004 Act (appeal against LHA’s decision to vary, or to refuse to vary or revoke, an improvement notice).

(2) The specified documents are—

(a)a copy of the improvement notice (including any schedule to it);

(b)the statement of reasons; and

(c)a copy of the LHA’s decision to vary, or to refuse to vary or revoke (including any documentation issued by the LHA in connection with its notice of decision).

(3) The specified respondent is the LHA.

4.—(1) This paragraph applies to an application under—

(a)paragraph 11(1) of Schedule 3 to the 2004 Act (appeal against demand by the LHA for recovery of expenses incurred by the LHA in taking action where improvement notice has been served); and

(b)that paragraph as applied with modifications by section 42 of the 2004 Act (an appeal against a demand by the LHA for recovery of expenses incurred by taking emergency remedial action).

(2) The specified documents are—

(a)a copy of the improvement notice or (as the case may be) the notice of emergency remedial action (including any schedule to it);

(b)the statement of reasons notice;

(c)a copy of the notice served by the LHA under paragraph 4 of Schedule 3 to the 2004 Act (notice of LHA’s intention to enter premises to carry out specified actions without agreement);

(d)a copy of the LHA’s demand for expenses; and

(e)where the application is made on the ground mentioned in paragraph 11(4) of that Schedule, details of the progress relied upon as being made towards compliance with the notice.

(3) The specified respondent is the LHA.

Applications relating to prohibition orders

5.—(1) This paragraph applies to an application under section 22(9) of the 2004 Act (appeal against LHA’s refusal to give approval of particular use under section 22(4)).

(2) The specified documents are—

(a)a copy of the prohibition order (including any schedule to it);

(b)the statement of reasons; and

(c)notice of the LHA’s decision to refuse a particular use of the whole or part of the premises.

(3) The specified respondent is the LHA.

6.—(1) This paragraph applies to an application under section 34(2) of the 2004 Act (application by lessor or lessee for order determining or varying lease where a prohibition order has become operative).

(2) The specified documents are—

(a)a copy of the prohibition order (including any schedule to it);

(b)the statement of reasons;

(c)a copy of the relevant lease; and

(d)a statement of the name and address of any other party to the lease and of any party to an inferior lease.

(3) The specified respondent is the other party to the lease.

7.—(1) This paragraph applies to an application under paragraph 7(1) of Schedule 2 to the 2004 Act (appeal against prohibition order).

(2) The specified documents are—

(a)a copy of the prohibition order (including any schedule to it);

(b)the statement of reasons; and

(c)where one of the grounds of the application is that one of the courses of action mentioned in paragraph 8(2) of Schedule 2 to the 2004 Act is the best course of action in relation to the hazard, a statement identifying that course of action with the applicant’s reasons for considering it the best course.

(3) The specified respondent is the LHA.

8.—(1) This paragraph applies to an application under paragraph 9 of Schedule 2 to the 2004 Act (appeal against LHA’s decision to vary, or to refuse to vary or revoke, a prohibition order).

(2) The specified documents are—

(a)a copy of the prohibition order (including any schedule to it);

(b)the statement of reasons; and

(c)a copy of the LHA’s decision to vary, or to refuse to vary or revoke (including any documentation issued by the LHA in connection with its notice of decision).

(3) The specified respondent is the LHA.

Applications relating to emergency remedial action

9.—(1) This paragraph applies to an application under section 45(1) of the 2004 Act (appeal by person upon whom a notice under section 41 of the 2004 Act has been served against LHA’s decision to take emergency remedial action).

(2) The specified documents are—

(a)a copy of the notice of emergency remedial action (including any schedule to it); and

(b)the statement of reasons.

(3) The specified respondent is the LHA.

10.—(1) This paragraph applies to an application under section 45(2) of the 2004 Act (appeal by relevant person against emergency prohibition order).

(2) The specified documents are—

(a)a copy of the notice of emergency prohibition order made under section 43 of the 2004 Act (including any schedule to it); and

(b)the statement of reasons.

(3) The specified respondent is the LHA.

11.—(1) This paragraph applies to an application under—

(a)paragraph 14 of Schedule 3 to the 2004 Act (application by LHA for order for recovery of expenses and interest from person profiting from the taking of action without agreement); and

(b)that paragraph as applied with modifications by section 42 of the 2004 Act (recovery of expenses of taking emergency remedial action).

(2) The specified documents are—

(a)a copy of the improvement notice or, as the case may be, the notice of emergency remedial action (including any schedule to it);

(b)the statement of reasons;

(c)a copy of the demand for expenses served under paragraph 9 of that Schedule;

(d)a copy of any notice served under paragraph 12 of that Schedule; and

(e)proof of service of notice of the application on the person concerned as mentioned in paragraph 14(2) of that Schedule.

(3) The specified respondent is the person from whom the LHA seeks to recover expenses and interest.

Applications relating to HMO licensing

12.—(1) This paragraph applies to an application under section 62(7) of the 2004 Act (appeal against refusal by LHA to serve a temporary exemption notice).

(2) The specified documents are—

(a)a copy of the notification to the LHA under section 62(1) of the 2004 Act; and

(b)a copy of the LHA’s decision notice under section 62(6) of the 2004 Act.

(3) The specified respondent is the LHA.

13.—(1) This paragraph applies to an application under section 73(5) of the 2004 Act (application by LHA or occupier for rent repayment order).

(2) The specified documents are—

(a)where the application is made by the LHA—

(i)a copy of the notice of intending proceedings under section 73(7) of the 2004 Act;

(ii)a copy of any representation received in respect of the notice;

(iii)either—

(aa)a statement containing the details relied on in making the allegation that an offence under section 72(1) of the 2004 Act was committed; or

(bb)where the LHA relies on the provisions of section 74 of the 2004 Act, proof that the appropriate person has been convicted of an offence under section 72(1) of the 2004 Act; and

(iv)a document showing the housing benefit paid by the LHA in connection with occupation of the premises during the period in which it is alleged such an offence was committed;

(b)where the application is made by an occupier(21)—

(i)evidence that the appropriate person has been convicted of an offence under section 72(1) of the 2004 Act or has been required by a rent repayment order to make a payment in respect of housing benefit; and

(ii)evidence that the occupier has paid periodical payments in respect of occupation of the premises during a period in which it is alleged that such an offence was being committed.

(3) The specified respondent is the appropriate person(22).

14.—(1) This paragraph applies to an application under section 255(9) of the 2004 Act (appeal against decision of LHA to serve an HMO declaration).

(2) The specified document is a copy of the HMO declaration.

(3) The specified respondent is the LHA.

15.—(1) This paragraph applies to an application under section 256(4) of the 2004 Act (appeal against decision of LHA to refuse to revoke an HMO declaration).

(2) The specified documents are—

(a)a copy of the HMO declaration; and

(b)a copy of the LHA’s notice of decision not to revoke the HMO declaration.

(3) The specified respondent is the LHA.

16.—(1) This paragraph applies to an application under paragraph 31(1) of Schedule 5 to the 2004 Act (appeal against decision by LHA to grant, or refuse to grant, a licence under Part 2 of the 2004 Act, or against any of the terms of the licence).

(2) The specified documents are—

(a)where the application relates to the grant or terms of a licence—

(i)a copy of the LHA’s notices under paragraphs 1 and 7 of Schedule 5 to the 2004 Act, and of any notice under paragraph 3 of that Schedule; and

(ii)a copy of the licence; and

(b)where the application relates to a refusal to grant a licence, a copy of the LHA’s notices under paragraphs 5 and 8 of that Schedule.

(3) The specified respondent is the LHA.

17.—(1) This paragraph applies to an application under paragraph 32(1) of Schedule 5 to the 2004 Act (appeal by licence holder or any relevant person against decision by LHA with regard to the variation or revocation of licence).

(2) The specified documents are—

(a)where the application relates to a decision to vary a licence, a copy of the LHA’s notices under paragraphs 14 and 16 of Schedule 5 to the 2004 Act;

(b)where the application relates to refusal to vary a licence, a copy of the LHA’s notices under paragraphs 19 and 21 of that Schedule;

(c)where the application relates to a decision to revoke a licence, a copy of the LHA’s notices under paragraphs 22 and 24 of that Schedule;

(d)where the application relates to refusal to revoke a licence, a copy of the LHA’s notices under paragraphs 26 and 28 of that Schedule; and

(e)in all cases a copy of the licence.

(3) The specified respondent is the LHA.

Applications relating to selective licensing of other residential accommodation

18.—(1) This paragraph applies to an application under section 86(7) of the 2004 Act (appeal against refusal by the LHA to serve a temporary exemption notice).

(2) The specified documents are—

(a)a copy of the notification to the LHA under section 86(1) of the 2004 Act; and

(b)a copy of the LHA’s decision notice under section 86(6) of the 2004 Act.

(3) The specified respondent is the LHA.

19.—(1) This paragraph applies to an application under section 96(5) of the 2004 Act (application by LHA or occupier for a rent repayment order).

(2) The specified documents are—

(a)where the application is made by the LHA—

(i)a copy of the notice of intended proceedings under section 96(7) of the 2004 Act;

(ii)a copy of any representation received in respect of the notice;

(iii)either—

(aa)a statement containing the details relied on in making the allegation that an offence under section 95(1) of the 2004 Act was committed; or

(bb)where the LHA relies on the provisions of section 97 of the 2004 Act, proof that the appropriate person has been convicted of an offence under section 95(1) of the 2004 Act; and

(iv)a document showing the housing benefit paid by the LHA in connection with occupation of the premises during the period in which it is alleged such an offence was committed;

(b)where the application is made by an occupier—

(i)evidence that the appropriate person has been convicted of an offence under section 95(1) of the 2004 Act or has been required by a rent repayment order to make a payment in respect of housing benefit; and

(ii)evidence that the occupier has paid periodical payments in respect of occupation of the premises for a period during which it is alleged that such an offence was being committed.

(3) The specified respondent is the appropriate person.

20.—(1) This paragraph applies to an application under paragraph 31 of Schedule 5 to the 2004 Act (appeal against decision by LHA to grant or refuse licence under Part 3 or relating to terms of licence).

(2) The specified documents are—

(a)where the application relates to the grant or terms of a licence—

(i)a copy of the LHA’s notices under paragraphs 1 and 7 of Schedule 5 to the 2004 Act, and of any notice under paragraph 3 of that Schedule; and

(ii)a copy of the licence; and

(b)where the application relates to a refusal to grant a licence, a copy of the LHA’s notices under paragraphs 5 and 8 of that Schedule.

(3) The specified respondent is the LHA.

21.—(1) This paragraph applies to an application under paragraph 32(1) of Schedule 5 to the 2004 Act (appeal by licence holder or relevant person against decision by LHA relating to variation or revocation of licence).

(2) The specified documents are—

(a)where the application relates to a decision to vary a licence, a copy of the LHA’s notices under paragraphs 14 and 16 of Schedule 5 to the 2004 Act;

(b)where the application relates to refusal to vary a licence, a copy of the LHA’s notices under paragraphs 19 and 21 of that Schedule;

(c)where the application relates to a decision to revoke a licence, a copy of the LHA’s notices under paragraphs 22 and 24 of that Schedule;

(d)where the application relates to refusal to revoke a licence, a copy of the LHA’s notices under paragraphs 26 and 28 of that Schedule; and

(e)in all cases a copy of the licence.

(3) The specified respondent is the LHA.

Applications relating to interim and final management orders

22.—(1) This paragraph applies to an application under section 102(4) of the 2004 Act (LHA application for authorisation to make an interim management order).

(2) The specified documents are—

(a)a copy of the draft order;

(b)a statement of matters relevant to the tribunal’s consideration of—

(i)whether the health and safety condition in section 104 of the 2004 Act is satisfied; and

(ii)the extent to which any applicable code of practice approved under section 233 of the 2004 Act has been complied with; and

(iii)where the LHA requests that the application be dealt with as a matter of urgency under regulation 10, a statement giving sufficient details to enable the tribunal to form an opinion as to whether the exceptional circumstances mentioned in paragraph (3) of that regulation appear to exist.

(3) The specified respondent is a relevant person as defined in paragraphs 8(4) and 35 of Schedule 6 to the 2004 Act.

23.—(1) This paragraph applies to an application under section 102(7) of the 2004 Act (LHA application for authorisation to make an interim management order in respect of a house to which section 103 of the 2004 Act applies).

(2) The specified documents are—

(a)a copy of the draft order;

(b)a statement of matters relevant to the tribunal’s consideration as to whether the conditions in section 103(3) and (4) of the 2004 Act are satisfied; and

(c)where the LHA requests that the application be dealt with as a matter of urgency under regulation 10, a statement giving sufficient details to enable the tribunal to form an opinion as to whether the exceptional circumstances mentioned in paragraph (3) of that regulation appear to exist.

(3) The specified respondent is a relevant person as defined in paragraphs 8(4) and 35 of Schedule 6 to the 2004 Act.

24.—(1) This paragraph applies to an application under section 105(10) of the 2004 Act (LHA application for order that an interim management order continue in force pending disposal of appeal).

(2) The specified documents are—

(a)a copy of the interim management order; and

(b)a copy of the notice of appeal under paragraph 24 of Schedule 6 to the 2004 Act against the making of a final management order.

(3) The specified respondent is the applicant who has made the relevant appeal.

25.—(1) This paragraph applies to an application under section 110(7) of the 2004 Act (application by relevant landlord for order regarding financial arrangements while interim management order in force).

(2) The specified documents are—

(a)a copy of the interim management order; and

(b)a copy of the accounts kept by the LHA in accordance with section 110(6) of the 2004 Act.

(3) The specified respondent is the LHA.

26.—(1) This paragraph applies to an application under section 114(7) of the 2004 Act (LHA application for order that existing final management order continue in force pending disposal of appeal against new final management order).

(2) The specified documents are—

(a)a copy of the existing final management order;

(b)a copy of the new final management order made in order to replace it; and

(c)a copy of the notice of appeal under paragraph 24 of Schedule 6 to the 2004 Act against the making of the new final management order.

(3) The specified respondent is the applicant who has made the relevant appeal.

27.—(1) This paragraph applies to an application under section 120(1) of the 2004 Act (application by an affected person for order that LHA manage in accordance with management scheme in final management order).

(2) The specified document is a copy of the final management order which contains the management scheme to which the application relates.

(3) The specified respondent is the LHA.

28.—(1) This paragraph applies to an application under section 126(4) of the 2004 Act (application for adjustment of rights and liabilities with regard to furniture vested in LHA while management order in force).

(2) The specified documents are—

(a)a copy of the relevant management order; and

(b)a statement giving details of the respective rights and liabilities (including ownership) of the persons interested in the furniture.

(3) The specified respondent is the other person interested in the furniture.

29.—(1) This paragraph applies to an application under section 130(9) of the 2004 Act (application to determine who is “the relevant landlord” (“y landlord perthnasol”) for the purposes of section 130 on termination of management order).

(2) The specified document is a copy of the management order.

(3) The specified respondent is the other relevant landlord(23).

30.—(1) This paragraph applies to an application under paragraph 24 of Schedule 6 to the 2004 Act (appeal against making of a management order, or against the terms of the order or of associated management scheme).

(2) The specified documents are—

(a)a copy of the management order (including the management scheme);

(b)a copy of the notice served by the LHA under paragraph 7(2)(b) of Schedule 6 to the 2004 Act;

(c)where the application relates to the terms of the management order, a statement specifying each term to which objection is made, with reasons for the objection; and

(d)where the application is made on the ground specified in paragraph 24(3) of Schedule 6 to the 2004 Act, a statement of the matters in section 110(5) of the 2004 Act (which relates to payments of surplus rents etc) relevant to that ground.

(3) The specified respondent is the LHA.

31.—(1) This paragraph applies to an application under paragraph 28 of Schedule 6 to the 2004 Act (appeal against LHA’s decision to vary or revoke, or to refuse to vary or revoke a management order).

(2) The specified documents are—

(a)where the application relates to a decision to vary a management order, a copy of the LHA’s notices under paragraphs 9 and 11 of Schedule 6 to the 2004 Act;

(b)where the application relates to refusal to vary a management order, a copy of the LHA’s notices under paragraphs 14 and 16 of that Schedule;

(c)where the application relates to a decision to revoke a management order, a copy of the LHA’s notices under paragraphs 17 and 19 of that Schedule;

(d)where the application relates to refusal to revoke a management order, a copy of the LHA’s notices under paragraphs 20 and 22 of that Schedule; and

(e)in any case—

(i)a copy of the management order; and

(ii)a copy of the notice served by the LHA under paragraph 7(2)(b) of that Schedule.

(3) The specified respondent is the LHA.

32.—(1) This paragraph applies to an application under paragraph 32(2) of Schedule 6 to the 2004 Act (appeal by third party against LHA’s decision under section 128 of the 2004 Act regarding compensation payable to third parties).

(2) The specified documents are—

(a)a copy of the management order (including the management scheme);

(b)a copy of the LHA’s notification of its decision to the third party in accordance with section 128(2) of the 2004 Act; and

(c)a statement giving full details of—

(i)the rights in respect of which it is claimed that there has been interference in consequence of the management order; and

(ii)the amount of compensation claimed in respect of that interference.

(3) The specified respondent is the LHA.

Applications in relation to empty dwelling management orders

33.—(1) This paragraph applies to an application under section 133(1) of the 2004 Act (LHA application for authorisation to make interim EDMO).

(2) The specified documents are—

(a)a copy of the draft interim EDMO;

(b)a statement of evidence—

(i)in respect of the matters as to which the tribunal must be satisfied under section 134(2) of the 2004 Act;

(ii)of the LHA’s consideration of the rights and interests specified in section 133(4) of the 2004 Act; and

(c)where the LHA in accordance with section 133(3) of the 2004 Act notified the relevant proprietor that it was considering making an interim EDMO, a copy of the notification.

(3) The specified respondent is the relevant proprietor(24).

34.—(1) This paragraph applies to an application under section 138(1) of the 2004 Act (application while interim EDMO in force for order that the LHA pay compensation to third party for interference with rights).

(2) The specified documents are—

(a)a copy of the interim EDMO;

(b)a copy of the LHA’s notification of its decision to the third party in accordance with section 138(4) of the 2004 Act; and

(c)a statement giving full details of—

(i)the rights in respect of which it is claimed that there has been interference in consequence of the interim EDMO; and

(ii)the amount of compensation claimed in respect of that interference.

(3) The specified respondent is the LHA.

35.—(1) This paragraph applies to an application under paragraph 1(7) of Schedule 7 to the 2004 Act (LHA application for order that interim EDMO continue in force pending disposal of appeal under paragraph 26 of that Schedule).

(2) The specified documents are—

(a)a copy of the interim EDMO; and

(b)a copy of the notice of appeal under paragraph 26 of Schedule 7 to the 2004 Act against the making of an interim EDMO.

(3) The specified respondent is the applicant who has made the relevant appeal.

36.—(1) This paragraph applies to an application under paragraph 2(3)(d) or paragraph 10(3)(d) of Schedule 7 to the 2004 Act (LHA’s application for order under paragraph 22 of that Schedule determining a lease or licence while interim or final EDMO is in force).

(2) The specified documents are—

(a)a copy of the interim or final EDMO (including any management scheme);

(b)a copy of the relevant lease or licence, or if not available, evidence of the existence of the lease or licence; and

(c)a statement containing the following details—

(i)the name and address where known of any lessor, lessee, sub-lessor, sub-lessee or licensee;

(ii)evidence of matters in respect of which the tribunal must be satisfied under paragraph 22(1)(b) of Schedule 7 to the 2004 Act; and

(iii)the amount of compensation (if any) which the LHA is willing to pay in respect of the determination of the lease or licence, including details of how such compensation has been calculated.

(3) The specified respondents are the parties to the lease or licence.

37.—(1) This paragraph applies to an application under paragraph 5(7) of Schedule 7 to the 2004 Act (application by relevant proprietor for order in connection with financial arrangements while interim EDMO in force).

(2) The specified documents are—

(a)a copy of the interim EDMO; and

(b)a copy of the accounts kept by the LHA in accordance with paragraph 5(6) of Schedule 7 to the 2004 Act.

(3) The specified respondent is the LHA.

38.—(1) This paragraph applies to an application under paragraph 9(8) of Schedule 7 to the 2004 Act (application by LHA for order that final EDMO should continue in force pending disposal of an appeal under paragraph 26 of that Schedule).

(2) The specified documents are—

(a)a copy of the final EDMO; and

(b)a copy of the notice of appeal under paragraph 26 of Schedule 7 to the 2004 Act against the making of a final EDMO.

(3) The specified respondent is the applicant who has made the relevant appeal.

39.—(1) This paragraph applies to an application under paragraph 14(1) of Schedule 7 to the 2004 Act (application by an affected person for order that LHA manage dwelling in accordance with management scheme in final EDMO).

(2) The specified document is a copy of the final EDMO (including the management scheme).

(3) The specified respondent is the LHA.

40.—(1) This paragraph applies to an application under paragraph 26(1) of Schedule 7 to the 2004 Act (appeal against LHA’s decision to make final EDMO or against terms of the order or of associated management scheme).

(2) The specified documents are—

(a)a copy of the final EDMO (including the management scheme);

(b)where the application relates to the terms of the management order, a statement specifying each term to which objection is made, with reasons for the objection; and

(c)where the application is made on the ground specified in paragraph 26(1)(c) of Schedule 7 to the 2004 Act, a statement of the matters in paragraph 5(5)(a) and (b) of that Schedule (which relate to payments of surplus rents etc) relevant to that ground.

(3) The specified respondent is the LHA.

41.—(1) This paragraph applies to an application under paragraph 30 of Schedule 7 to the 2004 Act (appeal against LHA’s decision to vary or revoke, or to refuse to vary or revoke interim or final EDMO).

(2) The specified documents are—

(a)where the application relates to a decision to vary an interim or final EDMO, a copy of the LHA’s notices under paragraphs 9 and 11 of Schedule 6 to the 2004 Act (as applied by paragraph 17 of Schedule 7 to that Act);

(b)where the application relates to refusal to vary an interim or final EDMO, a copy of the LHA’s notices under paragraphs 14 and 16 of that Schedule;

(c)where the application relates to a decision to revoke an interim or final EDMO, a copy of the LHA’s notices under paragraphs 17 and 19 of that Schedule; and

(d)where the application relates to refusal to revoke an interim or final EDMO, a copy of the LHA’s notices under paragraphs 20 and 22 of that Schedule; and

(e)in any case a copy of the interim or final EDMO (as the case may be).

(3) The specified respondent is the LHA.

42.—(1) This paragraph applies to an application under paragraph 34(2) of Schedule 7 to the 2004 Act (appeal against LHA’s decision under section 136(4) or 138(3) of the 2004 Act in respect of compensation payable to third parties for interference with rights in consequence of final EDMO).

(2) The specified documents are—

(a)a copy of the final EDMO (including the management scheme);

(b)where the third party has requested compensation under section 138 of the 2004 Act, a copy of the LHA’s notification of its decision to the third party in accordance with subsection (4) of that section; and

(c)a statement giving full details of—

(i)the rights in respect of which it is claimed that there has been interference in consequence of the final EDMO; and

(ii)the amount of compensation claimed in respect of that interference.

(3) The specified respondent is the LHA.

Applications in relation to overcrowding notices

43.—(1) This paragraph applies to an application under section 143(1) of the 2004 Act (appeal by a person aggrieved by overcrowding notice).

(2) The specified document is a copy of the overcrowding notice, or a statement by the applicant explaining the circumstances by reason of which the applicant is not able to provide a copy of this notice.

(3) The specified respondent is the LHA.

44.—(1) This paragraph applies to an application under section 144(2) of the 2004 Act (appeal by relevant person against LHA’s refusal to revoke or vary an overcrowding notice, or against failure by the LHA to respond in time to an application to revoke or vary it).

(2) The specified documents are—

(a)a copy of the overcrowding notice; and

(b)where the LHA refused to vary an overcrowding notice, a copy of the LHA’s decision.

(3) The specified respondent is the LHA.

Applications made under the 1985 Act

Applications relating to demolition orders

45.—(1) This paragraph applies to an application under section 269(1) of the 1985 Act(25) (appeal by person aggrieved by demolition order).

(2) The specified documents are—

(a)a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it); and

(b)the statement of reasons; and

(c)where the ground or one of the grounds of the application is that one of the courses of action mentioned in section 269A(2)(26) of the 1985 Act is the best course of action in relation to the hazard, a statement identifying that course of action with the applicant’s reasons for considering it the best course.

(3) The specified respondent is the LHA.

46.—(1) This paragraph applies to an application under section 272(1) or (2)(a) of the 1985 Act (application in connection with recovery of LHA’s expenses in executing demolition order under section 271 of the 1985 Act including determination of contributions by joint owners).

(2) The specified documents are—

(a)a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it);

(b)the statement of reasons; and

(c)a statement of—

(i)the expenses incurred by the LHA under section 271 of the 1985 Act (execution of demolition order);

(ii)the amount (if any) realised by the sale of materials; and

(iii)the amount the LHA seeks to recover from an owner of the premises.

(3) The specified respondent is the owner of the premises(27).

47.—(1) This paragraph applies to an application under section 272(2)(b) of the 1985 Act (application by owner of premises for determination of contribution to LHA’s expenses to be paid by another owner).

(2) The specified documents are—

(a)a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it);

(b)the statement of reasons; and

(c)a statement of—

(i)the owners' respective interests in the premises; and

(ii)their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.

(3) The specified respondent is the owner from whom the applicant seeks a contribution to the LHA’s expenses.

48.—(1) This paragraph applies to an application under section 317(1) of the 1985 Act (application by lessor or lessee of premises in respect of which demolition order has become operative, for an order varying or determining lease).

(2) The specified documents are—

(a)a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it);

(b)the statement of reasons;

(c)a copy of the relevant lease; and

(d)a statement of the name and address of any other party to the lease and of any party to an inferior lease.

(3) The specified respondent is the other party to the lease.

Applications relating to work on unfit premises

49.—(1) This paragraph applies to an application under section 318(1)(28) of the 1985 Act (application by person with interest in premises for authorisation by tribunal of execution of works on unfit premises or for improvement).

(2) The specified documents are—

(a)details of the work which the applicant proposes to carry out including—

(i)names and addresses of proposed contractors where relevant;

(ii)an estimate of the costs of the work; and

(iii)a timetable for starting and completing the work;

(b)where the application is made on the ground mentioned in section 318(1)(b) of the 1985 Act, details of—

(i)the scheme of improvement or reconstruction which the applicant wishes to carry out; and

(ii)the LHA’s approval of the scheme;

(c)a statement of the financial standing of the applicant including disclosure of funds available to meet the estimated costs of the work; and

(d)where the application includes a request for an order determining a lease held from the applicant or a derivative lease, a copy of that lease.

(3) The specified respondents are—

(a)the person with a right to possession of the premises;

(b)the owner of the premises(29).

Applications made under the 1983 Act

Applications relating to failure to give a written statement

50.—(1) This paragraph applies to an application under section 1(6) of the 1983 Act (right to have a written statement).

(2) The specified documents are any documents given by the site owner to the occupier that the site owner is required to give under section 1(2) of the 1983 Act.

(3) The specified respondent is the site owner.

Applications relating to additional implied terms or variation or deletion of implied terms

51.—(1) This paragraph applies to an application under section 2(2) of the 1983 Act (terms mentioned in Part 2 of Schedule 1 to the 1983 Act to be implied).

(2) The specified document is a statement specifying the reasons for the applicant applying to have any of the matters mentioned in Part 2 of Schedule 1 to the 1983 Act implied in the agreement between the site owner and the occupier.

(3) The specified respondent is—

(a)where the applicant is the site owner, the occupier; and

(b)where the applicant is the occupier, the site owner.

52.—(1) This paragraph applies to an application under section 2(3)(a) of the 1983 Act (varying or deleting any express term of the agreement)—

(2) The specified documents are—

(a)a copy of the agreement; and

(b)a statement specifying—

(i)which express term of the agreement the applicant is asking the tribunal to vary or delete or, in the case of any express term to which section 1(6) of the 1983 Act applies, which term the applicant wants to be given full effect; and

(ii)the reasons for the applicant applying to vary or delete any express term of the agreement, or in the case of any express term to which section 1(6) of the 1983 Act applies, the reasons for wanting that term to be given full effect.

(3) The specified respondent is—

(a)where the applicant is the site owner, the occupier; and

(b)where the applicant is the occupier, the site owner.

Applications relating to any question under the 1983 Act

53.—(1) This paragraph applies to an application under section 4 of the 1983 Act (determination of any question arising under the 1983 Act or agreement to which it applies).

(2) The specified documents are—

(a)a copy of the agreement; and

(b)any relevant correspondence that the applicant has given or received in connection with the question to be determined.

(3) The specified respondent is—

(a)where the applicant is the site owner, the occupier; and

(b)where the applicant is the occupier, the site owner.

Applications relating to detrimental effect of mobile homes on the amenity of the site

54.—(1) This paragraph applies to an application under paragraph 5A(2)(a) of Chapter 2, of Part 1 of Schedule 1 to the 1983 Act (determination by tribunal of detrimental effect of mobile home).

(2) The specified documents are—

(a)any documents served on the occupier by the site owner giving the occupier notice of the site owner’s intention to make an application under paragraph 5A(2) of Chapter 2 of Part 1 of that Schedule;

(b)any report that may have been prepared which describes the condition of the mobile home; and

(c)any other relevant documents supporting the application.

(3) The specified respondent is the occupier.

Applications relating to termination by the site owner

55.—(1) This paragraph applies to an application under paragraph 4, 5 or 5A(2)(b) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act (termination by site owner).

(2) The specified documents are—

(a)a copy of the agreement;

(b)any documents served on the occupier by the site owner giving the occupier notice of the site owner’s intention to make an application under paragraph 4, 5 or 5A(2) of Chapter 2 of Part 1 of that Schedule;

(c)in the case of an application under paragraph 4 of Chapter 2 of Part 1 of that Schedule where the alleged breach is failure to pay the pitch fee, a statement of pitch fees due and received during the period in question;

(d)any other relevant documents supporting the application; and

(e)in the case of an application under paragraph 5A(2) of Chapter 2 of Part 1 of that Schedule, a copy of the tribunal determination under that paragraph.

(3) The specified respondent is the occupier.

Applications relating to approval of person on sale or gift of mobile homes

56.—(1) This paragraph applies to an application under paragraph 8(1E) (sale of mobile home) or 9(2) (gift of mobile home) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act.

(2) The specified documents are—

(a)a copy of any documents served on the site owner by the occupier under paragraph 8(1A) of Chapter 2 of Part 1 of that Schedule;

(b)any relevant correspondence that the occupier has received from the site owner in which the site owner does not give approval to the sale or gift; and

(c)in the case of an urgent application under paragraph 8 or 9 of Chapter 2 of Part 1 of that Schedule, any documents containing the evidence accompanying the application under paragraph (2) of regulation 11 (urgent applications under the 1983 Act relating to sale or gift of a mobile home).

(3) The specified respondent is the site owner.

Applications relating to re-siting of mobile homes

57.—(1) This paragraph applies to an application under paragraph 10(1) of Chapter 2, of Part 1 of Schedule 1 to the 1983 Act (re-siting of mobile home).

(2) The specified documents are—

(a)any document that specifies the reason for requiring that the occupier’s right to station the mobile home be exercisable for any period in relation to another pitch and providing the description, amenity and size of both the existing pitch and the proposed alternative pitch;

(b)a copy of the agreement relating to the existing pitch and a draft of the proposed agreement relating to the alternative pitch; and

(c)the notification (if any) served by the site owner on the occupier specifying the site owner’s intention to apply to the tribunal under paragraph 10(1) of Chapter 2, of Part 1 of that Schedule and any accompanying documents not already supplied to the tribunal relevant to the application.

(3) The specified respondent is the occupier.

Applications relating to the return of re-sited mobile homes

58.—(1) This paragraph applies to an application under paragraph 10(2) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act (re-siting of mobile home).

(2) The specified documents are—

(a)any request by the occupier to the site owner to return the mobile home to the original pitch and any response received to that request;

(b)a copy of the agreement relating to the existing pitch and the agreement relating to the alternative pitch; and

(c)the notification (if any) served by the occupier on the site owner specifying the occupier’s intention to apply to the tribunal under paragraph 10(2) of Chapter 2 of Part 1 of that Schedule.

(3) The specified respondent is the site owner.

Applications relating to the pitch fee

59.—(1) This paragraph applies to an application under paragraphs 16(b), 17(4) and 17(8) of Chapter 2, of Part 1 of Schedule 1 to the 1983 Act (the pitch fee).

(2) The specified document is the notice served on the occupier by the site owner under paragraph 17(2) of Chapter 2 of Part 1 of that Schedule (whether served by the time required under that paragraph or not).

(3) The specified respondent is—

(a)where the applicant is the site owner, the occupier; and

(b)where the applicant is the occupier, the site owner.

Applications relating to improvements to be taken into account in the pitch fee

60.—(1) This paragraph applies to an application under paragraph 18(1)(a)(iii) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act (the pitch fee).

(2) The specified documents are—

(a)a statement of the proposed improvement works;

(b)an estimate of the costs;

(c)a statement of when the works will begin and their duration; and

(d)details of the consultation undertaken with the occupiers under paragraph 22(e) and (f) of Chapter 2 of Part 1 of that Schedule and copies of their responses.

(3) The specified respondent is the occupier.

Applications relating to qualifying residents' associations

61.—(1) This paragraph applies to an application under paragraph 28(1)(h) of Chapter 2, of Part 1 of Schedule 1 to the 1983 Act (qualifying residents' association).

(2) The specified documents are—

(a)any request made by the chairman, secretary or treasurer of the residents' association to the site owner that the site owner recognise the association as a qualifying residents' association;

(b)any response by the site owner to the request referred to in paragraph (a);

(c)a copy of the constitution of the association; and

(d)evidence of the number of occupiers of mobile homes on the site who own the mobile home they are occupying and who are members of the residents' association.

(3) The specified respondent is the site owner.

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply to Wales only. Under Part 2 they regulate the procedure to be followed for applications and appeals (jointly referred to as applications) made to a residential property tribunal (“tribunal”) under the Housing Act 2004 (“the 2004 Act”), Part 9 of the Housing Act 1985 (“the 1985 Act”), which relates to demolition orders, and the Mobile Homes Act 1983 (“the 1983 Act”). Part 3 makes provision for the payment of fees in respect of certain appeals and applications to tribunals.

Regulation 1 of Part 1 specifies the proceedings to which the Regulations apply.

Regulation 2 defines the terms used in these Regulations.

Regulation 3 of Part 2 sets out the overriding objective of dealing fairly and justly with applications and the requirement to co-operate.

Regulation 4 makes provision in connection with requests for extension of time to make an application, in those cases where the 2004 Act or the 1983 Act gives a tribunal power to permit such an extension.

Regulation 5 provides that where a person’s application under the 1983 Act relates to more than one pitch or mobile home the application may refer to one provision of the 1983 Act and the maximum number of pitches or mobile homes to which any single application may relate is 20.

Regulation 6 gives details of the information to be included with an application, and specifies additional documents for particular applications as set out in sub-paragraph (2) of each paragraph of the Schedule to the Regulations.

Regulation 7 makes provision for the procedures that apply where a matter arising under the 1983 Act is transferred from a court to a tribunal.

Regulation 8 makes provision in respect of the tribunal acknowledging an application and sending to the respondent copy documents and a notice specifying the date by which the respondent should reply to the tribunal.

Regulation 9 deals with the respondent’s reply.

Regulation 10 permits a tribunal to hold an urgent oral hearing at short notice where a Local Housing Authority has applied for authorisation of an interim management order under section 102(4) or (7) of the 2004 Act, and where it appears to the tribunal on the basis of information accompanying the application that specified exceptional circumstances exist.

Regulation 11 permits a tribunal to hold an urgent oral hearing at short notice where an applicant requests a tribunal to deal with an application under paragraph 8(1E) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act or related determination under section 4 of the 1983 Act, where the owner of the protected site upon which a mobile home is situated refuses to consent to the sale or gift of the mobile home.

Regulation 12 describes the additional procedures that apply in respect of an application made under paragraph 5A of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act for a determination by a tribunal as to whether, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the protected site.

Regulation 13 deals with applications to be joined as a party to the proceedings.

Regulation 14 specifies circumstances where two or more separate applications, or particular issues arising in separate applications, may be determined together.

Regulation 15 provides that where an application fee is unpaid for 14 days, the application is treated as withdrawn unless there are reasonable grounds not to do so.

Regulation 16 enables the duty to supply a document to be satisfied by supplying it to a party’s or interested person’s representative where this is requested in writing.

Regulation 17 requires the tribunal to ensure that interested persons are notified of the application together with an explanation of the procedure for applying to be joined as a party.

Regulation 18 deals with distribution of relevant documents by a tribunal.

Regulations 19 and 20 deal with a tribunal’s powers to order the supply of information and documents, and with failure to comply with such an order.

Regulation 21 enables a tribunal to determine an application without an oral hearing. A minimum of 14 days' notice must be given to the parties of the intention to proceed in this way. The parties have a right to request an oral hearing. A single qualified member of the panel may decide that an oral hearing is appropriate.

Regulation 22 makes provision for interim orders, other than in the case of determination of an application under section 102(4) or (7) of the 2004 Act.

Regulation 23 makes procedural provision in respect of directions under a tribunal’s general power in section 230(2) of the 2004 Act.

Regulation 24 deals with inspection of the premises and its neighbourhood.

Regulation 25 makes provision for adducing expert evidence to a tribunal.

Regulation 26 enables a tribunal to hold a case management conference (which is defined to include a pre-trial review) on not less than 7 days' notice to the parties.

Regulation 27 gives details of a tribunal’s remaining case management powers. Regulation 27(1)(a) allows a tribunal to reduce the time specified in the Regulations for various steps in the action where all parties agree to the reduction in question. Regulation 27(1)(b) allows a tribunal to extend the time specified in the Regulations for various steps in the action.

Regulation 28 deals with giving notice appointing the date, time and place of a hearing, and regulation 29 gives a tribunal power to postpone a hearing.

Regulation 30 sets out a tribunal’s powers at a hearing, and regulation 31 makes provision as to when a hearing may be held in private as an exception to the general rule that it should be held in public.

Regulation 32 sets out those who are entitled to be present at hearings held in private and at the tribunal’s deliberations to determine the application.

Regulation 33 enables a tribunal to proceed with a hearing in the absence of a party who fails to appear.

Regulation 34 sets out how and when a tribunal will give its decision.

Regulation 35 provides that the tribunal must not award costs under its powers contained in paragraph 12 of Schedule 13 to the 2004 Act without giving the party concerned the opportunity to make representations.

Regulation 36 specifies how an application may be withdrawn in whole or part, and stipulates the requirements that must be satisfied in certain circumstances for withdrawal of an application to become effective.

Regulation 37 provides for a decision of a tribunal to be enforced in the county court, with the court’s leave.

Regulation 38 contains provisions relating to requests to a residential property tribunal for permission to appeal to the Upper Tribunal (Lands Chamber).

Regulation 39 requires the tribunal to make appropriate arrangements where any person taking part in the proceedings requires translation, interpretation, or other assistance to enable effective participation in the proceedings.

Regulation 40 makes provision about what amounts to supply of a document or notice under the Regulations. The provision includes the circumstances in which communication by fax, electronic communication, or private delivery service, will be acceptable.

Regulation 41 provides that if the time specified by these Regulations for doing any act expires on a weekend or public holiday, the act will be in time if done on the next working day.

Regulation 42 gives the tribunal power to dismiss in whole or in part any application considered frivolous, vexatious, or otherwise an abuse of process after giving notice of at least 14 days to the applicant.

Regulation 43 states that irregularities by parties in complying with these Regulations will not in themselves render the proceedings void.

Regulation 44 allows mechanical or other reproduction of a signature, so long as the name of the person signing is added underneath in a way which enables that person to be identified.

Part 3 of these Regulations, which makes provision for the payment of fees in respect of appeals and applications to residential property tribunals, apply in relation to appeals and applications of any of the descriptions specified in regulations 45, 46 and 47.

Regulations 45 and 46 require a fee of £150 to be paid when an application is made to a tribunal under any of the provisions of the 2004 Act or the 1985 Act listed in those regulations.

Regulation 47 requires a fee to be paid when an application is made to a tribunal under any of the provisions in the 1983 Act that are listed in that regulation. The fee payable ranges from £150 to £500.

Regulations 48 and 49 provide for the person making the application to be liable for payment of the fee and for the fee to be waived where that person or that person’s partner is in receipt of any of the benefits listed in regulation 49(2).

Regulation 50 sets out the circumstances in which the tribunal may order one party to an application to reimburse any fees incurred under regulation 45, 46 or 47 by another party.

The Schedule to the Regulations lists applications which may be made to a tribunal, and in respect of each type of application, specifies the additional documents which must be included with it, and identifies the persons who may be named as respondents to the application.

The Regulations revoke—

(a)the Residential Property Tribunal (Fees) (Wales) Regulations 2006(30); and

(b)the Residential Property Tribunal Procedure (Wales) Regulations 2006(31).

An impact assessment has not been prepared for this instrument as it has no significant impact on the private or voluntary sectors.

(1)

The functions conferred on the National Assembly for Wales by the Housing Act 2004 are exercisable by the Welsh Ministers by virtue of section 162 of and paragraph 30(2)(c) of Schedule 11 to the Government of Wales Act 2006 (c. 32)

(5)

The 1983 Act extends to England and Wales and Scotland and has been substantially amended in relation to England and Wales by sections 206-208 of the Housing Act 2004; and in relation to Wales by the Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151) and the Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899 (W.119)) and in relation to England by the Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), the Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011 (S.I. 2011/1004) and the Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755) and the Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003).

(6)

For the meaning of “interim management order” see section 101(3) of the 2004 Act.

(7)

For the meaning of “local housing authority” see section 261(4) of the 2004 Act.

(8)

By section 229 of the Housing Act 2004 (c. 34) any jurisdiction of a residential property tribunal by or under any enactment is exercisable by a rent assessment committee constituted in accordance with Schedule 10 to the Rent Act 1977 (c. 42).

(9)

For the meaning of “single qualified member of the panel” see paragraph 6(2) to (4) of Schedule 13 to the Housing Act 2004.

(11)

1992 c. 4. The Social Security Benefits and Contributions Act 1992 was amended by the Tax Credits Act 2002 (c. 21), section 60 and Schedule 6. There are other amendments not relevant to these Regulations.

(12)

1995 c. 18. The Jobseekers Act 1995 was amended by the Welfare Reform and Pensioners Act 1999 (c. 30), sections 59 and 88 and Schedules 7 and 13.

(15)

2007 c. 5.

(16)

See section 11(3), (4) and (6) of the Tax Credits Act 2002.

(17)

See section 8 of the Tax Credits Act 2002.

(18)

A “polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy.

(21)

See section 262 of the 2004 Act for the definition of “occupier”.

(22)

See section 73(1) of the 2004 Act for the definition of “the appropriate person”.

(23)

See section 130(11) of the 2004 Act for the definition of “relevant landlord”.

(24)

See section 132(4)(c) of the 2004 Act for the definition of “relevant proprietor”.

(25)

Sections 269, 272 and 317 of the 1985 Act were amended by section 48 of the 2004 Act.

(26)

Section 269A of the 1985 Act was inserted by paragraph 15 of Schedule 15 to the 2004 Act.

(27)

See section 322 of the 1985 Act, which defines “owner” in relation to premises. Section 322 was amended by section 65(1) of, and paragraph 26 of Schedule 15 to, the 2004 Act.

(28)

Section 318 of the 1985 Act was amended by section 48 of the 2004 Act.

(29)

See section 322 of the 1985 Act which defines “owner” in relation to premises.

Yn ôl i’r brig

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