The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

Notice to respondents, interested persons and other persons E+W

29.—(1) When the Tribunal receives a notice of application in accordance with rule 26(1) or a statement of case in accordance with rule 28(4), the Tribunal must provide a copy of the application and any accompanying documents to the respondent.

(2) The Tribunal must also provide to the respondent a written notice informing the respondent of the requirements of rule 30.

(3) On being notified of the name and address of an interested person, the Tribunal must provide that person with a copy of the application and any accompanying documents.

(4) On receipt of an application relating to service charges, administration charges or estate charges the Tribunal must provide notice of the application to—

(a) the secretary of any recognised tenants' association within the meaning of section 29 of the Landlord and Tenant Act 1985 identified in the application; and

(b) any person whose name and address is known to the Tribunal whom the Tribunal considers is likely to be significantly affected by the application.

(5) In paragraph (4), “an application relating to service charges, administration charges or estate charges” means an application made under—

(a) section 20ZA or section 27A of or paragraph 8 of the Schedule to the Landlord and Tenant Act 1985 M1 ; or

(b) section 159 of or paragraph 3 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 M2 .

(6) The Tribunal may give notice of the application to any other person it considers appropriate.

(7) Any notice given under paragraph (4) or (6)—

(a) must state that a person may apply to the Tribunal to be joined as a party to the proceedings; and

(b) may be given by publication of the notice in two newspapers (at least one of which should be a freely distributed newspaper) circulating in the locality in which the premises to which the application relates are situated.

(8) Where a rectification application under section 108(2) of the 2002 LR Act has been received by the Tribunal, the Tribunal must provide the person against whom the order is sought and any other person who the Tribunal considers should be a party to the proceedings, with—

(a) a copy of the application, and

(b) a notice specifying that if the person wishes to object, the person must send or deliver to the Tribunal an objection in response within 28 days of the date on which the person received the copy of the application provided by the Tribunal.

(9) The requirement to provide documents referred to in paragraph (1) does not apply where the Tribunal is satisfied that the circumstances to which rule 9(2)(a) (no Tribunal jurisdiction) applies exist.

(10) The requirement under paragraph (3) to provide the notice of application to an interested person does not apply in cases to which section 39, 41 or section 53 of the 1986 Act applies (succession cases); see instead rule 16(3).

Marginal Citations

M1 1985 c. 70. Section 20ZA was inserted by section 151 of the Commonhold and Leasehold Reform Act 2002 (c. 15). Section 27A was inserted by section 155 of the Commonhold and Leasehold Reform Act 2002 (c. 15).

M2 2002 c. 15