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

Determination without a hearing

21.—(1) Subject to paragraphs (2) and (8), the tribunal may determine an application without an oral hearing if it has given the parties not less than 14 days’ notice in writing of its intention to do so.

(2) At any time before the application is determined—

(a) the applicant or the respondent may request an oral hearing; or

(b) the tribunal may give notice to the parties that it intends to hold an oral hearing.

(3) Where a request is made or a notice given under paragraph (2) the tribunal must give notice of a hearing in accordance with regulation 28.

(4) Subject to paragraph (5), a determination without an oral hearing may be made in the absence of any representations by the respondent.

(5) In respect of an application made under paragraphs 4, 5, 5A or 10 of Chapter 2, or paragraphs 4, 5, 6 or 8 of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act, a determination without an oral hearing may only be made—

(a) where the respondent has notified the tribunal that the respondent does not oppose the application; or

(b) all parties have notified the tribunal that they consent to the application being determined without a hearing.

(6) A single qualified member of the panel may decide whether an oral hearing is or is not appropriate to determine an application.

(7) A single qualified member of the panel may determine an application under paragraph 11(4) of Schedule 5 to the 1985 Act without a hearing.

(8) This regulation does not apply to an application to which regulation 10 (urgent IMO authorisation applications) or regulation 11 (urgent applications under the 1983 Act relating to sale or gift of a mobile home) applies.