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

Withdrawal of application

36.—(1) Subject to paragraph (3), an applicant (“the withdrawing party”) may withdraw the whole or a part of the applicant’s application in accordance with paragraph (2)—

(a) at any time before a tribunal begins considering the evidence of the application (whether or not at any oral hearing); and

(b) at any time after the tribunal begins considering the evidence of the application (whether or not at any oral hearing), provided that—

(i) the tribunal is satisfied that the other parties to the application consent to the application being withdrawn; and

(ii) the tribunal consents to the application being withdrawn.

(2) The withdrawing party must notify withdrawal of that application by a signed and dated notice supplied to the tribunal—

(a) sufficiently identifying the application or part of the application which is withdrawn;

(b) stating whether any part of the application, and if so what, remains to be determined; and

(c) confirming that a copy of the notice of the withdrawal has been supplied to all other parties and stating the date on which this was done.

(3) If any of the circumstances in paragraph (4) exist, withdrawal of the application does not take effect until one of the courses of action in paragraph (6) has been carried out.

(4) The circumstances mentioned in paragraph (3) are that—

(a) the tribunal has invited the parties to the proceedings—

(i) to make representations to it as to whether any payment by way of compensation, damages, costs or reimbursement of fees should be repaid to any party; and

(ii) to respond to any representations the tribunal receives under paragraph (i);

and having regard to any representations made to the tribunal by any party under this sub-paragraph, the tribunal has made such order as to payment by way of damages, costs or reimbursement of fees it reasonably considers should be paid, having regard to all the circumstances of the case;

(b) an interim order in favour of a party has been made; or

(c) a party has given an undertaking to the tribunal,

(5) When inviting representations from the parties under paragraph (4)(a) the tribunal may direct the parties as to the time within which such representations must be provided.

(6) The courses of action mentioned in paragraph (3) are that—

(a) the withdrawing party has sent to the tribunal a written statement signed by all other parties setting out how any order made under paragraph (4)(a), any interim order made under paragraph (4)(b) or any undertaking given under paragraph (4)(c) which apply to the case are to be dealt with; or

(b) the withdrawing party has given notice of the intended withdrawal to all parties and—

(i) the withdrawing party has requested the tribunal to give directions as to the conditions on which the withdrawal may be made; and

(ii) the tribunal has given such directions.

(7) In giving directions under paragraph (6)(b)(ii) the tribunal may impose such conditions as it considers appropriate.

(8) A single qualified member may make an order under paragraph (4)(b), or give directions under paragraph (5) or (6)(b)(ii).