The Residential Property Tribunal Procedures and Fees (Wales) (Amendment) Regulations 2015

Regulation 2

SCHEDULE Amendment of the Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012

1.  In regulation 2—

(a) at the appropriate places insert—

““the 2015 Act” (“Deddf 2015”) means the Consumer Rights Act 2015(1);”;

““the 2014 Act” (“Deddf 2014”) means the Housing (Wales) Act 2014(2);”;

(b) in the definition of “application”—

(i) at the end of paragraph (c) omit “or”;

(ii) at the end of paragraph (d), for “,” substitute “;”; and

(iii) after paragraph (d), insert—

“(e) sections 17(4) or 27(1) of the 2014 Act; or

(f) the 2015 Act,”;

(c) at the appropriate places insert—

““landlord” (“landlord”), for the purposes of applications under sections 17(4) or 27(1) of the 2014 Act, has the same meaning as in section 2(1) of that Act;”;

““letting agent” (“asiant gosod”), in respect of an application made under the 2015 Act, has the same meaning as in section 84 of the 2015 Act;”;

““licensing authority” (“awdurdod trwyddedu”) has the same meaning as in section 49(1) of the 2014 Act;”;

““local weights and measures authority” (“awdurdod pwysau a mesurau lleol”) in respect of an application made under the 2015 Act, has the same meaning as in section 69(2) of the Weights and Measures Act 1985;”; and

(d) in the definition of “premises”—

(i) in paragraph (a) after “the 2013 Act” insert “or the 2015 Act” and at the end of paragraph (a) omit the word “and”;

(ii) at the end of paragraph (b) insert the word “and”; and

(iii) after paragraph (b) insert—

“(c) in an application made under the 2015 Act, any premises at which the letting agency fee, to which an application relates, should have been publicised;”.

2.  In regulation 4(1), after “2013 Act,” insert “the 2014 Act”.

3.  In regulation 14(1)—

(a) at the end of sub-paragraph (b)(ii) for “.” substitute “;”;

(b) after sub-paragraph (b)(ii) insert—

“(c) in the case of an application made under the 2014 Act—

(i) involve related issues concerning the same landlord;

(ii) involve related issues concerning the same dwelling; or

(iii) involve related issues concerning the same agent licensed under section 9 or section 11 of the 2014 Act;

(d) in the case of an application made under the 2015 Act involve related issues concerning the same letting agent.”

4.  In regulation 40(5), after “the 2013 Act” insert “, the 2014 Act, the 2015 Act”.

5.  After regulation 47, insert—

““47A.    Fees for applications made under the 2014 Act

Subject to regulation 49(2) a fee of £155 is payable for an application to a tribunal under the following provisions of the 2014 Act—

(a) section 17(4) (revocation of registration);

(b) section 27(1) (licensing appeals).

“47B.    Fees for applications made under the 2015 Act

Subject to regulation 49(2) a fee of £155 is payable for an application to a tribunal under paragraph 5 of Schedule 9 to the 2015 Act.”

6.  In regulation 48, for “or 47” substitute “, 47, 47A or 47B”.

7.  In regulation 49—

(a) in paragraph (1), for “or 47” substitute “, 47, 47A or 47B”; and

(b) in paragraph (2), for “or 47” substitute “, 47, 47A or 47B”.

8.  In regulation 50(1), for “or 47” substitute “, 47, 47A or 47B”.

9.  In the Schedule, after paragraph 72 insert—

“Applications made under the 2014 Act

Applications relating to revocation of landlord registration

73.— (1) This paragraph applies to an application made under section 17(4) of the 2014 Act (appeal against revocation of registration).

(2) The specified documents are—

(a) a copy of the notice of the licensing authority’s intention to revoke registration and the reasons for that decision;

(b) any representations made by the landlord in response to the licensing authority’s notice of intention to revoke registration;

(c) a copy of the notice revoking the registration of the landlord and the reasons given by the licensing authority; and

(d) any other relevant documents supporting the application.

(3) The specified respondent is the licensing authority.

Applications relating to licensing appeals

74.— (1) This paragraph applies to an application under section 27(1) of the 2014 Act.

(2) The specified documents are—

(a) a copy of the notice of the licensing authority’s intention to amend or revoke the licence or to make the licence subject to a condition, as the case may be and the reasons for its decision;

(b) any representations made in response to the licensing authority’s notice of intention to amend or revoke the licence;

(c) a copy of the notice making the licence subject to a condition (other than a requirement to comply with a code of practice issued by the Welsh Ministers), refusing to grant, amending or revoking the licence as the case may be and the reasons given by the licensing authority; and

(d) any other relevant documents supporting the application.

(3) The specified respondent is the licensing authority.

Applications made under the 2015 Act

Applications relating to final notices

75.— (1) This paragraph applies to an application under paragraph 5 of Schedule 9 to the 2015 Act (appeal against financial penalty).

(2) The specified documents are—

(a) a copy of the notice of intent served on the letting agent by the local weights and measures authority under paragraph 1(1) of Schedule 9 to the 2015 Act;

(b) a copy of any written representations made by the letting agent following receipt of the notice of intent issued under paragraph 2 of Schedule 9 to the 2015 Act;

(c) a copy of the final notice served on the letting agent by the local weights and measures authority under paragraph 3 of Schedule 9 to the 2015 Act; and

(d) any other relevant documents supporting the application.

(3) The specified respondent is the relevant local weights and measures authority.”

(1)

2015 c 15.

(2)

2014 anaw 7.