http://www.legislation.gov.uk/ukpga/2004/34/schedule/13Housing Act 2004An Act to make provision about housing conditions; to regulate houses in multiple occupation and certain other residential accommodation; to make provision for home information packs in connection with the sale of residential properties; to make provision about secure tenants and the right to buy; to make provision about mobile homes and the accommodation needs of gypsies and travellers; to make other provision about housing; and for connected purposes.texttext/xmlenStatute Law Database2025-12-29Expert Participation2025-12-27 SCHEDULESSCHEDULE 13Residential property tribunals: procedureSection 230<Emphasis>Procedure regulations</Emphasis>11The Welsh Ministers may make regulations about the procedure of residential property tribunals.2Nothing in the following provisions of this Schedule affects the generality of sub-paragraph (1).3In those provisions—“procedure regulations” means regulations under this paragraph;“tribunal” means a residential property tribunal.<Emphasis><Substitution ChangeId="key-995abb5c9481667288b7f9d787c8d441-1443693253451" CommentaryRef="key-995abb5c9481667288b7f9d787c8d441">Applications and appeals</Substitution></Emphasis>21Procedure regulations may include provision, in relation to applications to tribunals—aabout the form of such applications and the particulars to be contained in them,brequiring the service of notices of such applications, andcin the case of applications under section 102(4) or (7) or 133(1), requiring the service of copies of the draft orders submitted with the applications.2Procedure regulations may include provision, in relation to appeals to tribunals—aabout the form of notices of appeal and the particulars to be contained in them, andbrequiring the service of copies of such notices.3Procedure regulations may include provision dispensing with the service of the notices or copies mentioned in sub-paragraph (1)(b) or (2)(b) in such cases of urgency as are specified in the regulations.<Emphasis>Transfers</Emphasis>31This paragraph applies where, in any proceedings before a court, there falls for determination a question which a tribunal would have jurisdiction to determine on an application or appeal to the tribunal.2The court—amay by order transfer to the tribunal so much of the proceedings as relate to the determination of that question, andbmay then dispose of all or any remaining proceedings, or adjourn the disposal of all or any remaining proceedings pending the determination of that question by the tribunal, as it thinks fit.3When the tribunal has determined the question, the court may give effect to the determination in an order of the court.4Rules of court may prescribe the procedure to be followed in a court in connection with or in consequence of a transfer under this paragraph.5Procedure regulations may prescribe the procedure to be followed in a tribunal consequent on a transfer under this paragraph.6Nothing in this Act , the Caravan Sites and Control of Development Act 1960 , the Mobile Homes Act 1983 or the Mobile Homes (Wales) Act 2013 affects any power of a court to make an order that could be made by a tribunal (such as an order quashing a licence granted or order made by a local housing authority) in a case where—athe court has not made a transfer under this paragraph, andbthe order is made by the court in connection with disposing of any proceedings before it.<Emphasis>Parties <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation></Emphasis>41Procedure regulations may include provision enabling persons to be joined as parties to the proceedings.2Procedure regulations may include provision enabling persons who are not parties to proceedings before a tribunal to make oral or written representations to the tribunal.<Emphasis>Information</Emphasis>51Procedure regulations may include—aprovision relating to the supply of information and documents by a party to the proceedings, andbin particular any provision authorised by the following provisions of this paragraph.2The regulations may include provision for requiring, or empowering the tribunal to require, a party to proceedings before a tribunal—ato supply to the tribunal information or documents specified, or of a description specified, in the regulations or in an order made by the tribunal;bto supply to any other party copies of any information or documents supplied to the tribunal;cto supply any such information, documents or copies by such time as is specified in or determined in accordance with the regulations or order.3The regulations may also include provision—afor granting a party to the proceedings such disclosure or inspection of documents, or such right to further information, as might be granted by the county court ;bfor requiring persons to attend to give evidence and produce documents;cfor authorising the administration of oaths to witnesses.4The regulations may include provision empowering a tribunal to dismiss, or allow, the whole or part of an appeal or application in a case where a party to the proceedings has failed to comply with—aa requirement imposed by regulations made by virtue of this paragraph, orban order of the tribunal made by virtue of any such regulations.<Emphasis>Pre-trial reviews etc.</Emphasis>61Procedure regulations may include provision for the holding of a pre-trial review (on the application of a party to the proceedings or on the tribunal’s own initiative).2Procedure regulations may provide for functions of a tribunal in relation to, or at, a pre-trial review to be exercised by a single qualified member of the panel.3Procedure regulations may provide for other functions as to preliminary or incidental matters to be exercised by a single qualified member of the panel.4For the purposes of this paragraph—aa person is a qualified member of the panel if he was appointed to it by the Lord Chancellor; andb“the panel” means the panel provided for in Schedule 10 to the Rent Act 1977 (c. 42).<Emphasis>Interim orders</Emphasis>7Procedure regulations may include provision empowering tribunals to make orders, on an interim basis—asuspending, in whole or in part, the effect of any decision, notice, order or licence which is the subject matter of proceedings before them;bgranting any remedy which they would have had power to grant in their final decisions.<Emphasis>Additional relief</Emphasis>81Procedure regulations may include provision as to—aany additional relief which tribunals may grant in respect of proceedings before them; andbthe grounds on which such relief may be granted.2In this paragraph “additional relief” means relief additional to any relief specifically authorised by any provision of Parts 1 to 4 of this Act , any provision of the Mobile Homes Act 1983 or any provision of the Caravan Sites and Control of Development Act 1960 or of the Mobile Homes (Wales) Act 2013 .<Emphasis>Dismissal</Emphasis>9Procedure regulations may include provision empowering tribunals to dismiss applications, appeals or transferred proceedings, in whole or in part, on the ground that they are—afrivolous or vexatious, orbotherwise an abuse of process.<Emphasis>Determination without hearing</Emphasis>101Procedure regulations may include provision for the determination of applications, appeals or transferred proceedings without an oral hearing.2Procedure regulations may include provision enabling a single qualified member of the panel to decide whether an oral hearing is appropriate in a particular case.3Procedure regulations may provide for a single qualified member of the panel to make determinations without an oral hearing.4For the purposes of this paragraph—aa person is a qualified member of the panel if he was appointed to it by the Lord Chancellor; andb“the panel” means the panel provided for in Schedule 10 to the Rent Act 1977 (c. 42).<Emphasis>Fees</Emphasis>111Procedure regulations may include provision requiring the payment of fees in respect of applications, appeals or transfers of proceedings to, or oral hearings by, tribunals.2The fees payable shall be such as are specified in or determined in accordance with procedure regulations.3But the fee (or, where fees are payable in respect of both an application, appeal or transfer and an oral hearing, the aggregate of the fees) payable by a person in respect of any proceedings must not exceed—a£500, orbsuch other amount as may be specified in procedure regulations.4Procedure regulations may empower a tribunal to require a party to proceedings before it to reimburse another party to the proceedings the whole or any part of any fees paid by him.5Procedure regulations may provide for the reduction or waiver of fees by reference to the financial resources of the party by whom they are to be paid or met.6If they do so they may apply, subject to such modifications as may be specified in the regulations, any other statutory means-testing regime as it has effect from time to time.<Emphasis>Costs</Emphasis>121A tribunal may determine that a party to proceedings before it is to pay the costs incurred by another party in connection with the proceedings in any circumstances falling within sub-paragraph (2).2The circumstances are where—ahe has failed to comply with an order made by the tribunal;bin accordance with regulations made by virtue of paragraph 5(4), the tribunal dismisses, or allows, the whole or part of an application or appeal by reason of his failure to comply with a requirement imposed by regulations made by virtue of paragraph 5;cin accordance with regulations made by virtue of paragraph 9, the tribunal dismisses the whole or part of an application or appeal made by him to the tribunal; ordhe has, in the opinion of the tribunal, acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings.3The amount which a party to proceedings may be ordered to pay in the proceedings by a determination under this paragraph must not exceed—a£500 or, in the case of an application to a tribunal under the Mobile Homes Act 1983, £5,000, orbsuch other amount as may be specified in procedure regulations.4A person may not be required to pay costs incurred by another person in connection with proceedings before a tribunal, except—aby a determination under this paragraph, orbin accordance with provision made by any enactment other than this paragraph.<Emphasis>Enforcement</Emphasis>13Procedure regulations may provide for decisions of tribunals to be enforceable, with the permission of the county court , in the same way as orders of that court. Sch. 13 para. 1 wholly in force at 16.6.2006; Sch. 13 para. 1 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 1 in force for E. at. 4.7.2005 by S.I. 2005/1729 , art. 2(b) (subject to art. 3 ); Sch. 13 para. 1 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 13 para. 2 wholly in force at 16.6.2006; Sch. 13 para. 2 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 2 in force for E. at. 4.7.2005 by S.I. 2005/1729 , art. 2(b) (subject to art. 3 ); Sch. 13 para. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch.) Sch. 13 para. 3 wholly in force at 16.6.2006; Sch. 13 para. 3 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 3 in force for E. at. 4.7.2005 by S.I. 2005/1729 , art. 2(b) (subject to art. 3 ); Sch. 13 para. 3 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 13 para. 4 wholly in force at 16.6.2006; Sch. 13 para. 4 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 4 in force for E. at. 4.7.2005 by S.I. 2005/1729, art. 2(b) (subject to art. 3); Sch. 13 para. 4 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)Sch. 13 para. 5 wholly in force at 16.6.2006; Sch. 13 para. 5 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 5 in force for E. at. 4.7.2005 by S.I. 2005/1729, art. 2(b) (subject to art. 3); Sch. 13 para. 5 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)Sch. 13 para. 6 wholly in force at 16.6.2006; Sch. 13 para. 6 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 6 in force for E. at. 4.7.2005 by S.I. 2005/1729, art. 2(b) (subject to art. 3); Sch. 13 para. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)Sch. 13 para. 7 wholly in force at 16.6.2006; Sch. 13 para. 7 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 7 in force for E. at. 4.7.2005 by S.I. 2005/1729, art. 2(b) (subject to art. 3); Sch. 13 para. 7 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.) Sch. 13 para. 8 wholly in force at 16.6.2006; Sch. 13 para. 8 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 8 in force for E. at. 4.7.2005 by S.I. 2005/1729 , art. 2(b) (subject to art. 3 ); Sch. 13 para. 8 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 13 para. 9 wholly in force at 16.6.2006; Sch. 13 para. 9 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 9 in force for E. at. 4.7.2005 by S.I. 2005/1729, art. 2(b) (subject to art. 3); Sch. 13 para. 9 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)Sch. 13 para. 10 wholly in force at 16.6.2006; Sch. 13 para. 10 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 10 in force for E. at. 4.7.2005 by S.I. 2005/1729, art. 2(b) (subject to art. 3); Sch. 13 para. 10 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)Sch. 13 para. 11 wholly in force at 16.6.2006; Sch. 13 para. 11 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 11 in force for E. at. 4.7.2005 by S.I. 2005/1729, art. 2(b) (subject to art. 3); Sch. 13 para. 11 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.) Sch. 13 para. 12 wholly in force at 16.6.2006; Sch. 13 para. 12 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 12 in force for E. at. 4.7.2005 by S.I. 2005/1729 , art. 2(b) (subject to art. 3 ); Sch. 13 para. 12 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 13 para. 13 wholly in force at 16.6.2006; Sch. 13 para. 13 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 13 in force for E. at. 4.7.2005 by S.I. 2005/1729, art. 2(b) (subject to art. 3); Sch. 13 para. 13 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.) Words in Sch. 13 para. 12(3)(a) inserted (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005) , arts. 1(1) , 4(3)(d) and said words inserted (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 4(3)(d) (with art. 5) Sch. 13 para. 2 cross-heading substituted (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 4(3)(a) and said cross-heading substituted (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 4(3)(a) (with art. 5)Words in Sch. 13 para. 1 substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 187 (with Sch. 3)Words in Sch. 13 para. 3(6) substituted (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 9(3)(a) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2))Words in Sch. 13 para. 8(2) substituted (5.11.2013) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 9(3)(b) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2))Words in Sch. 13 para. 3(6) inserted (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 7(3)(a), 15(1)Words in Sch. 13 para. 8(2) inserted (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 7(3)(b), 15(1)Words in Sch. 13 para. 5(3)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)Words in Sch. 13 para. 13 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)Word in Sch. 13 para. 13 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 89; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)