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

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Procedure at hearing in case of multiple applicants where designation is claimed

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42.—(1) In proceedings under section 39 of the 1986 Act, the Tribunal must (in such sequence as the Tribunal considers appropriate) at a hearing consider and determine the validity of each applicant’s claim, if any, to be a designated applicant, giving all other parties and all other applicants for succession the opportunity to be heard.

(2) If the Tribunal determines that any such claim is valid, the Tribunal must then hear that applicant’s application as if that applicant were the only applicant and, if the Tribunal determines that the applicant is a suitable person to become the tenant of the holding, the Tribunal must dismiss all other applications under section 39 of the 1986 Act in respect of the same holding.

(3) If the Tribunal determines that the designated applicant is not a suitable person to become a tenant of the holding, the Tribunal must dismiss the application.

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