xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

SCHEDULE 5S Applicatons for Registration of Rents

Part IS Applications Unsupported by Certificate of Fair Rent

[F1Determination of fair rent by the First-tier Tribunal] S

Textual Amendments

8(1)The [F2First-tier Tribunal] to whom a matter is referred under paragraph 7 above—S

(a)may by notice in the prescribed form served on the landlord or the tenant require him to give to the [F3First-tier Tribunal], within such period of not less than 14 days from the service of the notice as may be specified in the notice, such further information, in addition to any given to the rent officer in pursuance of paragraph 1 above, as [F4it] may reasonably require; and

(b)shall serve on the landlord and on the tenant a notice specifying a period of not less than 14 days from the service of the notice during which either representations in writing or a request to make oral representations may be made by him to the [F3First-tier Tribunal].

(2)If any person fails without reasonable cause to comply with any notice served on him under sub-paragraph (1)(a) above, he shall be liable to a fine not exceeding level 3 on the standard scale.

(3)Where an offence under sub-paragraph (2) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corportate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Textual Amendments

9SWhere, within the period specified in paragraph 8(1)(b) above, or such further period as the [F5First-tier Tribunal] may allow, the landlord or the tenant requests to make oral representations the [F5First-tier Tribunal] shall give him an opportunity to be heard either in person or by a person authorised by him in that behalf, whether or not that person is an advocate or a solicitor.

Textual Amendments

10(1)The [F6First-tier Tribunal] shall make such inquiry, if any, as [F7it thinks] fit and consider any information supplied or representation made to [F8it] in pursuance of paragraph 8 or 9 above and—S

(a)if it appears to [F8it] that the rent registered or confirmed by the rent officer is a fair rent, [F8it] shall confirm that rent;

(b)if it does not appear to [F8it] that that rent is a fair rent, [F9it] shall determine a fair rent for the dwelling-house.

(2)Where the [F10First-tier Tribunal] confirm or determine a rent under this paragraph [F11it] shall notify the landlord, the tenant and the rent officer of [F9its] decision and, in the case of the determination of a rent, of the date on which [F9its] decision was made.

(3)On receiving the notification, the rent officer shall, as the case may require, either indicate in the register that the rent has been confirmed or register the rent determined by the [F12First-tier Tribunal] as the rent for the dwelling-house.

Textual Amendments