PART 2RESIDENTIAL PROPERTY TRIBUNAL PROCEDURES

Frivolous and vexatious etc. applications42

1

Subject to paragraph (2), where it appears to the tribunal that an application is—

a

frivolous;

b

vexatious; or

c

an abuse of process,

the tribunal may dismiss the application in whole or in part.

2

Before dismissing an application under paragraph (1) the tribunal must give notice of its intention to do so to the applicant in accordance with paragraph (3).

3

Any notice under paragraph (2) must state—

a

that the tribunal is minded to dismiss the application;

b

the grounds on which it is minded to dismiss the application;

c

that the applicant is entitled to be heard by the tribunal on the question of whether the application should be dismissed, and

d

the latest date by which the applicant may request to be heard by the tribunal, being not less than 14 days after the date that the notice was sent.

4

An application may not be dismissed under paragraph (1) unless—

a

the applicant makes no request to the tribunal before the date mentioned in paragraph (3)(c); or

b

where the applicant makes such a request, the tribunal has heard the applicant and the respondent, or such of them as attend the hearing, on the question of the dismissal of the application.