The Residential Property Tribunal Procedure (England) Regulations 2006

Applications relating to interim and final management orders

27.—(1) This paragraph applies to an application under section 102(4) of the 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 Act is satisfied; and

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

(iii) where the LHA requests that the application be dealt with as a matter of urgency under regulation 9, 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 paragraph 8(4) and paragraph 35 of the Act.

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

(c) where the LHA requests that the application be dealt with as a matter of urgency under regulation 9, 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 paragraph 8(4) and paragraph 35 of Schedule 6 to the Act.

29.—(1) This paragraph applies to an application under section 105(10) of the 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 Act against the making of a final management order.

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

30.—(1) This paragraph applies to an application under section 110(7) of the 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;

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

(3) The specified respondent is the LHA.

31.—(1) This paragraph applies to an application under section 114(7) of the 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 Act against the making of the new final management order.

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

32.—(1) This paragraph applies to an application under section 120(1) of the 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.

33.—(1) This paragraph applies to an application under section 126(4) of the 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.

34.—(1) This paragraph applies to an application under section 130(9) of the Act (application to determine who is “the relevant landlord” 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(1).

35.—(1) This paragraph applies to an application under paragraph 24 of Schedule 6 to the 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 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 Act, a statement of the matters in section 110(5) (which relates to payments of surplus rents etc) relevant to that ground.

(3) The specified respondent is the LHA.

36.—(1) This paragraph applies to an application under paragraph 28 of Schedule 6 to the Act (appeal against LHA’s decision or refusal to vary or revoke 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;

(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; and

(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 Schedule 6 to the Act.

(3) The specified respondent is the LHA.

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

(1)

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