EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations apply to England only. Under Part 2 they regulate the procedure to be followed for applications and appeals (jointly referred to as applications) made to a residential property tribunal (“tribunal”) under the Housing Act 2004 (“the 2004 Act”), Part 9 of the Housing Act 1985 (“the 1985 Act”), which relates to demolition orders, paragraph 11(4) of Schedule 5 to the 1985 Act, which relates to appeals against right to buy determinations, and the Mobile Homes Act 1983 (“the 1983 Act); and in Part 3 they make 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 these Regulations.
Regulation 3 sets out the overriding objective of dealing fairly and justly with applications and the requirement to co-operate.
Regulation 4 makes provision in connection with requests for extension of time to make an application, in those cases where the 2004 Act or the 1983 Act gives a tribunal power to permit such an extension.
Regulation 5 provides that where a person’s application under the 1983 Act relates to more than one pitch or mobile home the application may refer to one provision of the 1983 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 specifies 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 1983 Act is transferred from a court to a tribunal.
Regulation 8 makes provision in respect of the 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 an LHA 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 permits a tribunal to hold an urgent oral hearing at short notice where an applicant requests a tribunal to deal with an application under paragraph 8(1E) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act or related determination under section 4 of the 1983 Act, where the owner of the protected site upon which a mobile home is situated refuses to consent to the sale or gift of the mobile home.
Regulation 12 describes the additional procedures that apply in respect of an application made under paragraph 5A of Chapter 2, or paragraph 6 of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act for a determination by a tribunal as to whether, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the protected site.
Regulation 13 deals with applications to be joined as a party to the proceedings.
Regulation 14 specifies circumstances where two or more separate applications, or particular issues arising in separate applications, may be determined together.
Regulation 15 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 16 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 17 requires the tribunal to ensure that interested persons are notified of the application together with an explanation of the procedure for applying to be joined as a party.
Regulation 18 deals with distribution of relevant documents by a tribunal.
Regulations 19 and 20 deal with a tribunal’s powers to order the supply of information and documents, and with failure to comply with such an order.
Regulation 21 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 22 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 23 makes procedural provision in respect of directions under a tribunal’s general power in section 230(2) of the 2004 Act.
Regulation 24 deals with inspection of the premises and its neighbourhood.
Regulation 25 makes provision for adducing expert evidence to a tribunal.
Regulation 26 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 27 gives details of a tribunal’s remaining case management powers. Regulation 27(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 27(1)(b) allows a tribunal to extend the time specified in the Regulations for various steps in the action.
Regulation 28 deals with giving notice appointing the date, time and place of a hearing, and regulation 29 gives a tribunal power to postpone a hearing.
Regulation 30 sets out a tribunal’s powers at a hearing, and regulation 31 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 32 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 33 enables a tribunal to proceed with a hearing in the absence of a party who fails to appear.
Regulation 34 sets out how and when a tribunal will give its decisions.
Regulation 35 provides that the 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 36 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 37 provides for a decision of a tribunal to be enforced in the county court, with the court’s leave.
Regulation 38 contains provisions relating to requests to a residential property tribunal for permission to appeal to the Upper Tribunal (Lands Chamber). It should be noted that paragraph 11(5B) of Schedule 5 to the Housing Act 1985 provides that there is no appeal from the decision of the residential property tribunal in relation to an application under paragraph 11(4) of that Schedule.
Regulation 39 requires the 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 40 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 41 provides that if the time specified by these 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 42 gives the 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.
Regulation 43 states that irregularities by parties in complying with these Regulations will not in themselves render the proceedings void.
Regulation 44 allows mechanical or other reproduction of a signature, 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 these Regulations, which makes provision for the payment of fees in respect of appeals and applications to residential property tribunals, apply in relation to appeals and applications of any of the descriptions specified in regulations 45, 46 and 47.
Regulations 45 and 46 require a fee of £150 to be paid when an application is made to a tribunal under any of the provisions of the 2004 Act or the 1985 Act listed in those Regulations.
Regulation 47 requires a fee to be paid when an application is made to a tribunal under any of the provisions in the 1983 Act that are listed in that regulation. The fee payable ranges from £150 to £500.
Regulations 48 and 49 provide 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 49(2).
Regulation 50 sets out the circumstances in which the tribunal may order one party to an application to reimburse any fees incurred under regulation 45, 46 or 47 by another party.
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 Regulations revoke—
a
the Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005 ;
b
the Residential Property Tribunal (Fees) (England) Regulations 2006 ; and
c
the Residential Property Tribunal Procedure (England) Regulations 2006 .
An impact assessment has not been prepared for this instrument as it has no significant impact on the private or voluntary sectors.
S.I. 2005/1509.
S.I. 2006/830.
S.I. 2006/831.