The Residential Property Tribunal Procedures and Fees (England) Regulations 2011

Publication Date:January 01, 2011
 
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2011No. 1007

HOUSING, ENGLAND

The Residential Property Tribunal Procedures and Fees (England) Regulations 2011

4thApril2011

7thApril2011

30thApril2011

The Secretary of State, in exercise of the powers conferred by section 250(2)(a) of, and Schedule 13 to, the Housing Act 2004( 1), makes the following Regulations.

In accordance with paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007( 2) the Secretary of State has consulted with the Administrative Justice and Tribunals Council.

PART 1

GENERAL

Citation, commencement and application

1.-(1) These Regulations may be cited as the Residential Property Tribunal Procedures and Fees (England) Regulations 2011 and come into force on 30th April 2011.

(2) These Regulations apply to proceedings of residential property tribunals for determining applications in respect of premises in England.

Interpretation

2. In these Regulations-

"the 1983 Act" means the Mobile Homes Act 1983( 3);

"the 1985 Act" means the Housing Act 1985( 4);

"the 2004 Act" means the Housing Act 2004;

"application" means an application or appeal to a tribunal under-

(a) the 2004 Act;(b) Part 9 of the 1985 Act;(c) paragraph 11(4) of Schedule 5 to the 1985 Act; or(d) the 1983 Act (including any application made following the transfer of any matter arising from an application to the court made under that Act),

and "applicant" bears a corresponding meaning;

"case management conference" means a pre-trial review or any other meeting held by a tribunal for the purpose of managing the proceedings in respect of an application;

"dwelling" has the same meaning as in section 322 of the 1985 Act;

"dwelling-house" has the same meaning as in section 183 of the 1985 Act;

"IMO authorisation application" means an application for authorisation to make an interim management order under section 102(4) or (7) of the 2004 Act( 5);

"interested person" means in relation to a particular application-

(a) a person other than the applicant who would have been entitled under the 2004 Act or the 1985 Act (as the case may be) to make the application;(b) a person to whom notice of the application must be given by the applicant in accordance with the following provisions of the 2004 Act-(i) paragraph 11(2) of Schedule 1; or(ii) paragraph 14(2) of Schedule 3;(c) a person to whom the tribunal must give the opportunity of being heard in accordance with the following provisions-(i) section 34(4) of the 2004 Act; or(ii) section 317(2) of the 1985 Act;(d) except in relation to an application made under the 1983 Act, the LHA, where it is not a party to the application;(e) the person to whom the occupier wants to sell or gift a mobile home under paragraph 8 or 9 of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act;(f) a qualifying residents' association;

"LHA" means a local housing authority( 6);

"mobile home" has the same meaning as in section 5(1) of the 1983 Act;

"occupier" means, in respect of an application made under the 1983 Act, the person entitled to station the mobile home on land forming part of the protected site and to occupy the mobile home as that person's only or main residence under an agreement to which the 1983 Act applies;

"pitch" has the same meaning as is given in Part 1 of Schedule 1 to the 1983 Act;

"premises" means-

(a) in any application except an application made under the 1983 Act or paragraph 11(4) of Schedule 5 to the 1985 Act (exceptions to the right to buy), the dwelling or building to which the application relates;(b) in any application made under the 1983 Act, the pitch, protected site or mobile home to which the application relates; and(c) in any application made under paragraph 11(4) of Schedule 5 to the 1985 Act, the dwelling-house to which the application relates;

"protected site" has the same meaning as in section 5(1) of the 1983 Act;

"qualifying residents' association" means an association that meets the requirements set out in Part 1 of Schedule 1 to the 1983 Act;

"the respondent" means, in respect of each application to which a paragraph of the Schedule to these Regulations applies, the person or persons, or one of the persons, specified in sub-paragraph (3) of that paragraph;

"site owner" in relation to a protected site, has the same meaning as "owner" in section 5(1) of the 1983 Act;

"statement of reasons" means a statement of reasons prepared by the LHA under section 8 of the 2004 Act (reasons for decision to take enforcement action); and

"tribunal" means a residential property tribunal( 7), and "the tribunal" in relation to an application means the tribunal by which the application is to be determined.

PART 2

RESIDENTIAL PROPERTY TRIBUNAL PROCEDURES

The overriding objective and parties' obligation to co-operate with the tribunal

3.-(1) When a tribunal-

(a) exercises any power under these Regulations; or(b) interprets any regulation,

it must seek to give effect to the overriding objective of dealing fairly and justly with applications which it is to determine.

(2) Dealing with an application fairly and justly includes-

(a) dealing with it in ways which are proportionate to the complexity of the issues and to the resources of the parties;(b) ensuring, so far as practicable, that the parties are on an equal footing procedurally and are able to participate fully in the proceedings;(c) assisting any party in the presentation of the party's case without advocating the course the party should take;(d) using the tribunal's special expertise effectively; and(e) avoiding delay, so far as is compatible with proper consideration of the issues.

(3) Parties must-

(a) help the tribunal to further the overriding objective; and(b) co-operate with the tribunal generally.

Request for extension of time to make an application

4.-(1) This regulation applies where a person makes a request to a tribunal for permission to make an application after the end of the period stipulated in the 2004 Act or the 1983 Act as the period within which the application must be made.

(2) A request to which this regulation applies must-

(a) be in writing;(b) give reasons for the failure to make the application before the end of that period and for any delay since then;(c) include a statement that the person making the request believes that the facts stated in it are true; and(d) be dated and signed.

(3) Where a request mentioned in paragraph (1) is made, the applicant must at the same time send the completed application to which the request relates to the tribunal.

(4) A single qualified member of the panel( 8) may grant or refuse a request made under paragraph (1).

Limit on the number of pitches, mobile homes or references on a single application under the 1983 Act

5.-(1) Where an application to a tribunal to determine any question arising under the 1983 Act relates to more than one pitch or mobile home, the application may refer to only one provision of the 1983 Act.

(2) No application to a tribunal to determine any question arising under the 1983 Act may relate to more than 20 pitches or mobile homes.

Particulars of application

6.-(1) An application, except an application to which paragraph (3) applies, must be in writing and must contain the following particulars-

(a) the name and address of the applicant;(b) the name and address of the respondent where known to the applicant or, where not known, a description of the respondent's connection with the premises;(c) the address of the premises;(d) the applicant's connection with the premises;(e) the applicant's reasons for making the application including the remedy sought;(f) where known to the applicant, the name and address of any interested person;(g) a statement that the applicant believes that the facts stated in the application are true;(h) be dated and signed; and(i) in respect of each application to which a paragraph in the Schedule to these Regulations applies, the documents specified in sub-paragraph (2) of that paragraph.

(2) Paragraph (3) applies to an application made under paragraph 11(4) of Schedule 5 to the 1985 Act.

(3) An application to which this paragraph applies must be in writing, and must contain the following particulars-

(a) the name and address of the applicant;(b) the name and address of the landlord;(c) the address of the premises if different from the applicant's address;(d) a statement of reasons for disputing the landlord's decision that paragraph 11 of Schedule 5 to the 1985 Act applies to the premises;(e) be dated and signed; and(f) the documents specified in sub-paragraph (2) of paragraph 50 of the Schedule to these Regulations.

(4) Any of the requirements contained in paragraph (1) or (3) may be dispensed with or relaxed if the tribunal is satisfied that-

(a) the particulars and documents contained in an application are sufficient to establish that the application is one which may be made to a tribunal; and(b) no prejudice will be, or is likely to be, caused to any party to the application as a result of such dispensation or relaxation.

(5) A single qualified member of the panel may exercise the power conferred by paragraph (4).

Applications following transfer of application made under the 1983 Act from the court to a tribunal

7.-(1) Where a court transfers to a tribunal any matter arising from an application to the court made under the 1983 Act, the applicant must, in addition to complying with the requirements contained in regulation 6(1), include in the application a copy of the court order by which the matter was transferred.

(2) The tribunal may dispense with or relax any of the requirements mentioned in paragraph (1) if the tribunal is satisfied that it has received sufficient particulars and documents from the court to establish that the application is one which may be made to a tribunal.

(3) A single qualified member of the panel may exercise the power conferred by paragraph (2).

Acknowledgement and notification of application by tribunal

8.-(1) As soon as practicable after receiving the application...

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