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PART 3Written documentation, time limits etc

Starting proceedings

26.—(1) An applicant must start proceedings before the Tribunal by sending or delivering to the Tribunal a notice of application.

(2) Such an application must be signed and dated and, unless a practice direction makes different provision, include—

(a)the name and address of the applicant;

(b)the name and address of the applicant’s representative (if any);

(c)an address where documents for the applicant may be sent or delivered;

(d)the name and address of each respondent;

(e)the address of the premises or property to which the application relates;

(f)the applicant’s connection with the premises or property;

(g)the name and address of any landlord or tenant of the premises to which the application relates;

(h)the result the applicant is seeking;

(i)the applicant’s reasons for making the application;

(j)a statement that the applicant believes that the facts stated in the application are true;

(k)the name and address of every person who appears to the applicant to be an interested person, with reasons for that person’s interest;

(l)in agricultural land and drainage cases, a description of all the land or holding to which the application relates;

(m)in agricultural land and drainage cases relating to succession under section 39, 41 or 53 of the 1986 Act—

(i)confirmation that the applicant has given prior written notice of the application to the landlord of the holding and has brought the application to the notice of other persons interested in the outcome of the application; and

(ii)the names and addresses of each person to whom the applicant has provided such notice;

(n)all further information or documents required by a practice direction.

(3) Where an application is made to which a paragraph in a practice direction relating to residential property cases or leasehold cases applies, it must be accompanied by the particulars and documents specified in the relevant paragraph.

(4) In proceedings to appeal a decision to the Tribunal, the application must be accompanied by a copy of any written record of that decision and any statement of reasons for that decision that the applicant has or can reasonably obtain.

(5) The applicant must provide with the notice of application any fee payable to the Tribunal.

(6) This rule does not apply to the extent that rule 28 applies.

(7) This rule does not apply where a form is prescribed for the purposes of starting proceedings in the Tribunal under Part V of the Rent Act 1977(1) (rents under restricted contracts) or Part 1 of the Housing Act 1988(2) (assured tenancies, shorthold and non-shorthold).