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

Applications relating to improvement notices

1.—(1) This paragraph applies to an application under paragraph 10(1) of Schedule 1 to the 2004 Act (appeal against improvement notice) other than an application referred to in paragraph 2.

(2) The specified documents are—

(a) a copy of the improvement notice (including any schedule to it);

(b) the statement of reasons; and

(c) where the ground or one of the grounds of the application is that one of the courses of action mentioned in paragraph 12(2) of Schedule 1 to the 2004 Act is the best course of action in relation to the hazard, a statement identifying that course of action with the applicant’s reasons for considering it the best course.

(3) The specified respondent is the LHA.

2.—(1) This paragraph applies to an application under paragraph 10 of Schedule 1 to the 2004 Act which consists of or includes the ground set out in paragraph 11(1) of that Schedule (ground of appeal relating to other persons).

(2) The specified documents are—

(a) a copy of the improvement notice (including any schedule to it);

(b) the statement of reasons;

(c) where one of the grounds of the application is that another course of action mentioned in paragraph 12(2) of Schedule 1 to the 2004 Act is the best course of action in relation to the hazard, a statement identifying that course of action with the applicant’s reasons for considering it the best course;

(d) the name and address of any person who as an owner of the premises, in the applicant’s opinion ought to take the action required by the improvement notice or pay the whole or part of the costs of taking that action (“the other owner”);

(e) proof of service of a copy of the application on the other owner; and

(f) a statement containing the following details—

(i) the nature of the other owner’s interest in the premises;

(ii) the reason the applicant considers the other owner ought to take the action concerned or pay the whole or part of the cost of taking that action; and

(iii) where the ground of the application is that the other owner ought to pay the whole or part of the cost of taking the action, the estimated cost of taking the action and the proportion of that cost which the applicant considers the other owner ought to pay.

(3) The specified respondent is the LHA.

3.—(1) This paragraph applies to an application under paragraph 13(1) of Schedule 1 to the 2004 Act (appeal against LHA’s decision to vary, or to refuse to vary or revoke, an improvement notice).

(2) The specified documents are—

(a) a copy of the improvement notice (including any schedule to it);

(b) the statement of reasons; and

(c) a copy of the LHA’s decision to vary, or to refuse to vary or revoke (including any documentation issued by the LHA in connection with its notice of decision).

(3) The specified respondent is the LHA.

4.—(1) This paragraph applies to an application under—

(a) paragraph 11(1) of Schedule 3 to the 2004 Act (appeal against demand by the LHA for recovery of expenses incurred by LHA in taking action where improvement notice has been served); and

(b) that paragraph as applied with modifications by section 42 of the 2004 Act (an appeal against a demand by the LHA for recovery of expenses incurred by taking emergency remedial action).

(2) The specified documents are—

(a) a copy of the improvement notice or (as the case may be) the notice of emergency remedial action (including any schedule to it);

(b) the statement of reasons notice;

(c) a copy of the notice served by the LHA under paragraph 4 of Schedule 3 to the 2004 Act (notice of LHA’s intention to enter premises to carry out specified actions without agreement);

(d) a copy of the LHA’s demand for expenses; and

(e) where the application is made on the ground mentioned in paragraph 11(4) of that Schedule, details of the progress relied upon as being made towards compliance with the notice.

(3) The specified respondent is the LHA.