The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and consolidate the provisions of the Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012, the Residential Property Tribunal Procedures and Fees (Wales) (Amendment) Regulations 2014, the Residential Property Tribunal Procedures and Fees (Wales) (Amendment No. 2) Regulations 2014 and the Residential Property Tribunal Procedures and Fees (Wales) (Amendment) Regulations 2015.

They also revoke and amend the legislation listed at regulation 52.

The Regulations also make provision in light of sections 30 to 34 of the Housing (Wales) Act 2014 (“the 2014 Act”) with regards to applications made under the 2014 Act in respect of rent stopping orders and rent repayment orders. The Regulations also provide a power for a residential property tribunal (“tribunal”) to close inactive applications.

Part 2 of the Regulations specifies the procedure to be followed for applications and appeals (jointly referred to as applications) made to a tribunal under the 2014 Act, the Mobile Homes (Wales) Act 2013 (“the 2013 Act”), the Housing Act 2004 (“the 2004 Act”) and Part 9 of the Housing Act 1985 (“the 1985 Act”), which relates to demolition orders.

Part 3 of the Regulations makes provision for the payment of fees in respect of certain appeals and applications to tribunals.

Regulation 1 specifies the proceedings to which the Regulations apply.

Regulation 2 defines the terms used in the Regulations.

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

Regulation 4 makes provision in connection with requests for extension of time to make an application, in those cases where the 2014 Act, the Mobile Homes (Site Rules) (Wales) Regulations 2014, the 2013 Act or the 2004 Act gives a tribunal power to permit such an extension.

Regulation 5 provides that where a person’s application under the 2013 Act relates to more than one pitch or mobile home the application may refer to only one provision of the 2013 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 provides for 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 2013 Act is transferred from a court to a tribunal.

Regulation 8 makes provision in respect of a 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 specifies the additional procedures that apply in respect of an application made under paragraph 7(1)(a) of Chapter 2, or paragraph 40(1)(a) of Chapter 4, of Part 1 of Schedule 2 to the 2013 Act for a determination by a tribunal as to whether, having regard to its condition, a mobile home is having a detrimental effect on the amenity of the protected site.

Regulation 12 deals with applications to be joined as a party to the proceedings.

Regulation 13 specifies circumstances where two or more separate applications, or particular issues arising in separate applications, may be determined together.

Regulation 14 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 15 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 16 requires a tribunal to ensure that interested persons are notified of an application together with an explanation of the procedure for applying to be joined as a party.

Regulation 17 deals with distribution of relevant documents by a tribunal.

Regulations 18 and 19 deal with a tribunal’s powers to order the supply of information and documents, and with failure to comply with such an order.

Regulation 20 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 21 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 22 makes procedural provision in respect of directions under a tribunal’s general power in section 230(2) of the 2004 Act.

Regulation 23 deals with inspection of the premises.

Regulation 24 makes provision for adducing expert evidence to a tribunal.

Regulation 25 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 26 gives details of a tribunal’s remaining case management powers. Regulation 26(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 26(1)(b) allows a tribunal to extend the time specified in the Regulations for various steps in the action.

Regulation 27 deals with giving notice appointing the date, time and place of a hearing, and regulation 28 gives a tribunal power to postpone a hearing.

Regulation 29 sets out a tribunal’s powers at a hearing, and regulation 30 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 31 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 32 enables a tribunal to proceed with a hearing in the absence of a party who fails to appear.

Regulation 33 sets out how and when a tribunal will give its decision.

Regulation 34 provides that a 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 35 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 36 provides for a decision of a tribunal to be enforced in the county court, with the court’s leave.

Regulation 37 contains provisions relating to requests to a tribunal for permission to appeal to the Upper Tribunal (Lands Chamber).

Regulation 38 requires a 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 39 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 40 provides that if the time specified by the 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 41 gives a 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. It also gives the tribunal power to dismiss an application if the applicant has failed to comply with a direction issued by the tribunal subject to the tribunal first giving the applicant the opportunity to make representations in relation to the proposed dismissal.

Regulation 42 states that irregularities by parties in complying with the Regulations will not in themselves render the proceedings void.

Regulation 43 allows reproduction of a signature by computer or other mechanical means, 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 the Regulations, which makes provision for the payment of fees in respect of appeals and applications to tribunals, apply in relation to appeals and applications of any of the descriptions specified in regulations 44, 45, 46, 47 and 48.

Regulation 44 requires a fee of £155 to be paid when an application is made to a tribunal under any of the provisions of the 2004 Act listed in that regulation.

Regulation 45 requires a fee of £155 to be paid when an application is made to a tribunal under any of the provisions of the 1985 Act listed in those regulations.

Regulation 46 requires a fee to be paid when an application is made to a tribunal under any of the provisions in the 2013 Act that are listed in that regulation. The fee payable ranges from £155 to £515.

Regulations 47 and 48 require a fee of £155 to be paid when an application is made to a tribunal under any of the provisions of the 2014 Act or the 2015 Act listed in those regulations.

Regulation 49 makes further provision in respect of payment of fees.

Regulation 50 provides 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 50(2).

Regulation 51 sets out the circumstances in which a tribunal may order one party to an application to reimburse any fees incurred under regulation 44, 45, 46, 47 or 48 by another party.

Regulation 52 lists the Regulations and Orders that are revoked by the Regulations.

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 Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a Regulatory Impact Assessment as to the likely costs and benefits of complying with the Regulations.