The Residential Property Tribunal Procedure (England) Regulations 2006

Applications in relation to empty dwelling management orders

38.—(1) This paragraph applies to an application under section 133(1) of the 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 Act;

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

(c) where the LHA in accordance with section 133(3) of the 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(1).

39.—(1) This paragraph applies to an application under section 138(1) of the 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 (including the management scheme);

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

40.—(1) This paragraph applies to an application under paragraph 1(7) of Schedule 7 to the 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 Act against the making of an interim EDMO.

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

41.—(1) This paragraph applies to an application under paragraph 2(3)(d) or paragraph 10(3)(d) of Schedule 7 to the 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 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.

42.—(1) This paragraph applies to an application under paragraph 5(7) of Schedule 7 to the 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 Act.

(3) The specified respondent is the LHA.

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

(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 Act against the making of a final EDMO.

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

44.—(1) This paragraph applies to an application under paragraph 14(1) of Schedule 7 to the Act (application by a 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.

45.—(1) This paragraph applies to an application under paragraph 26(1) of Schedule 7 to the 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 6 to the Act, a statement of the matters in paragraph 5(5)(a) and (b) (which relate to payments of surplus rents etc) relevant to that ground.

(3) The specified respondent is the LHA.

46.—(1) This paragraph applies to an application under paragraph 30 of Schedule 7 to the Act (appeal against LHA’s decision or refusal 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 Act (as applied by paragraph 17 of Schedule 7);

(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.

47.—(1) This paragraph applies to an application under paragraph 34(2) of Schedule 7 to the Act (appeal against LHA’s decision under section 136(4) or 138(3) of the 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 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.

(1)

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