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The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2016

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PART 3Residential Property Tribunal Fees

Fees for applications made under the 1985 Act

44.  Subject to regulation 51(2), a fee of £155 is payable for an application to a tribunal under the following provisions of the 1985 Act—

(a)section 269(1) (demolition orders);

(b)section 318(1) (power of tribunal to authorise execution of works on unfit premises or for improvement).

Fees for applications made under the 2004 Act

45.—(1) Subject to regulation 51(2), a fee of £155 is payable for an application to a tribunal under the following provisions of the 2004 Act—

(i)section 22(9) (refusal to approve use of premises subject to a prohibition order);

(ii)section 62(7) (HMO licensing: refusal to grant temporary exemption notice);

(iii)section 86(7) (selective licensing: refusal to grant temporary exemption notice);

(iv)section 126(4) (effect of management orders: furniture);

(v)section 138 (compensation payable to third parties);

(vi)paragraph 10 of Schedule 1 (improvement notice);

(vii)paragraph 13 of Schedule 1 (LHA’s decision to vary, or to refuse to revoke or vary, an improvement notice);

(viii)paragraph 7 of Schedule 2 (prohibition order);

(ix)paragraph 9 of Schedule 2 (LHA’s decision to vary, or to refuse to revoke or vary, a prohibition order);

(x)paragraph 11 of Schedule 3 (improvement notice: demand for recovery of expenses);

(xi)paragraph 31 of Schedule 5 (grant or refusal of licence);

(xii)paragraph 32 of Schedule 5 (HMO licensing: decision to vary or revoke, or to refuse to vary or revoke licence);

(xiii)paragraph 28 of Schedule 6 (LHA’s decision to vary or revoke, or to refuse to vary or revoke, a management order);

(xiv)paragraph 32 of Schedule 6 (management order: third party compensation);

(xv)paragraph 26(1)(a) and (b) of Schedule 7 (final EDMO);

(xvi)paragraph 30 of Schedule 7 (LHA’s decision to vary or revoke, or to refuse to vary or revoke, an interim or final EDMO);

(xvii)paragraph 34(2) of Schedule 7 (EDMO: third party compensation).

(2) Subject to paragraph (3) and regulation 51(2), a fee of £155 is payable for an application to a tribunal under paragraph 24 of Schedule 6 to the 2004 Act (interim and final management order).

(3) No fee is payable where an application under sub-paragraph (1)(b) of paragraph 24 of Schedule 6 to the 2004 Act is made on the grounds set out in sub-paragraph (3) of that paragraph.

Fees for applications made under the 2013 Act

46.—(1) Subject to paragraph (5) and regulation 51(2) a fee of £155 is payable for an application to a tribunal under regulation 10 (right to appeal to tribunal in relation to the owner’s decision) and regulation 17 (right to appeal to tribunal in relation to a deposit) of the Site Rules Regulations.

(2) Subject to paragraph (5) and regulation 51(2), a fee is payable for an application to a tribunal under the following provisions of the 2013 Act—

(a)section 7(4)(b) (site licence: refusal to issue);

(b)section 12(2) (conditions of site licence: appeal);

(c)section 14(1) (variation of conditions of site licence: appeal);

(d)section 17(2) (compliance notice: appeal);

(e)section 21(9) (emergency action: appeal);

(f)section 22(7) (demand for expenses: appeal);

(g)section 28(2) (local authority application to revoke site licence);

(h)section 29(6)(b) (fit and proper person);

(i)section 30(5) (interim manager);

(j)section 33(4) (repayment order);

(k)section 49(5) (written statement);

(l)section 50(2) or (3) (implied/express terms in site agreement);

(m)section 54 (jurisdiction of a tribunal or the court);

(n)paragraphs 5, 6 or 7 of Chapter 2, or paragraphs 38, 39 or 40(1) of Chapter 4, of Part 1 of Schedule 2 (termination);

(o)paragraphs 10 or 13 of Chapter 2 of Part 1 of Schedule 2 (sale or gift of a mobile home);

(p)paragraphs 14 of Chapter 2, or 44 of Chapter 4, of Part 1 of Schedule 2 (re-siting of mobile home); and

(q)paragraph 42(8) of Chapter 4 of Part 1 of Schedule 2 (assignment of agreement).

(3) The fee payable for each application referred to in paragraph (2) is—

(a)where the application contains one reference, £155;

(b)where the application contains two references, £205;

(c)where the application contains three or four references, £410;

(d)where the application contains five or more references, £515.

(4) For the purpose of paragraph (3), the number of references contained in an application is—

(a)in the case of an application made in respect of one pitch or mobile home, the number of provisions of the 2013 Act to which that application relates; and

(b)in the case of an application made in respect of more than one pitch or mobile home, the number of pitches or mobile homes to which the application relates.

(5) No fee is payable to a tribunal in relation to an application made under the 2013 Act that has been transferred from a court to a tribunal.

Fees for applications made under the 2014 Act

47.  Subject to regulation 51(2) a fee of £155 is payable for an application to a tribunal under the following provisions of the 2014 Act—

(a)section 17(4) (revocation of registration);

(b)section 27(1) (licensing appeals);

(c)section 30 (rent stopping orders);

(d)section 31 (revocation of rent stopping orders);

(e)section 32 (rent repayment orders).

Fees for applications made under the 2015 Act

48.  Subject to regulation 51(2) a fee of £155 is payable for an application to a tribunal under paragraph 5 of Schedule 9 to the 2015 Act.

Payment of fees

49.  Any fee payable under regulation 44, 45, 46, 47 or 48 must accompany the application and must be paid by a cheque made payable to, or postal order drawn in favour of, the Welsh Ministers.

Liability to pay fee and waiver of fees

50.—(1) The applicant is liable to pay any fee payable under regulation 44, 45, 46, 47 or 48.

(2) No fee is payable under regulation 44, 45, 46, 47 or 48 where, on the date that the application is made, the applicant or that person’s partner is in receipt of—

(a)either of the following benefits under Part 7 of the Social Security Contributions and Benefits Act 1992—

(i)income support; or

(ii)housing benefit;

(b)an income-based jobseeker’s allowance within the meaning of section 1 of the Jobseekers Act 1995;

(c)a working tax credit under Part 1 of the Tax Credits Act 2002 to which paragraph (3) applies;

(d)a guarantee credit under the State Pensions Credit Act 2002;

(e)an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;

(f)personal independent payments payable under Part 4 of the Welfare Reform Act 2012; or

(g)universal credit.

(3) This paragraph applies where—

(a)either—

(i)there is a disability element or severe disability element (or both) to the working tax credit received by the person or the person’s partner; or

(ii)the person or the person’s partner is also in receipt of child tax credit; and

(b)the gross annual income taken into account for the calculation of the working tax credit is £16,190 or less.

(4) In this regulation and in regulation 51, “partner” (“partner”), in relation to a person, means—

(a)where the person is a member of a couple, the other member of that couple; or

(b)where the person is polygamously married to two or more members of a household, any such member.

(5) In paragraph (4), “couple” (“cwpl”) means—

(a)two people who are either married to, or civil partners of, each other and who are members of the same household; or

(b)two people who are living together as if they are a married couple.

Reimbursement of fees

51.—(1) Subject to paragraph (2), in relation to any application in respect of which a fee is payable under regulation 44, 45, 46, 47 or 48, a tribunal may require any party to the application to reimburse any other party to the extent of the whole or part of any fee paid by that party in respect of the application.

(2) A tribunal may not require a party to make such reimbursement if, at the time the tribunal is considering whether or not to do so, the tribunal is satisfied that the party or a partner of the party is in receipt of assistance of any description mentioned in regulation 50(2).

Revocation

52.  The following Regulations and Orders are revoked—

(a)The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012(1);

(b)The Residential Property Tribunal Procedures and Fees (Wales) (Amendment) Regulations 2014(2);

(c)The Residential Property Tribunal Procedures and Fees (Wales) (Amendment No. 2) Regulations 2014(3);

(d)The Residential Property Tribunal Procedures and Fees (Wales) (Amendment) Regulations 2015(4);

(e)article 5(1), (2) and (6)(c)(i) of the Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (Wales) Order 2013(5);

(f)paragraph 9 of Schedule 2 to the Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014(6);

(g)paragraph 98 of the Schedule to the Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013(7).

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