PART 1REGULATION OF PRIVATE RENTED HOUSING

Licensing

I127Licensing appeals

1

An applicant for a licence or, as the case may be, the holder of a licence may appeal against the decisions of a licensing authority listed in subsection (2) to a residential property tribunal.

2

The decisions are—

a

granting a licence subject to a condition, other than the requirement to comply with any code of practice issued by the Welsh Ministers;

b

refusing an application for a licence;

c

amending a licence;

d

revoking a licence.

3

An appeal—

a

must be made before the end of the period of 28 days beginning with the date the applicant was notified of the decision (the “appeal period”);

b

may be determined having regard to matters of which the licensing authority was unaware.

4

The tribunal may allow an appeal to be made to it after the end of the appeal period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time).

5

The tribunal may confirm the decision of the licensing authority or alternatively—

a

in the case of a decision to grant a licence subject to a condition, direct the authority to grant a licence on such terms as the tribunal considers appropriate;

b

in the case of a decision to refuse an application for a licence, direct the authority to grant a licence on such terms as the tribunal considers appropriate;

c

in the case of a decision to amend a licence, direct the authority not to amend the licence or to amend the licence on such terms as the tribunal considers appropriate;

d

in the case of a decision to revoke a licence, to quash that decision.

6

A licence granted by a licensing authority following a direction of a tribunal under this section is to be treated as having been granted by the authority under section 21(1).