The Residential Property Tribunal Procedure (Wales) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in respect of Wales, regulate the procedure to be followed for applications and appeals (jointly referred to as applications) made to a residential property tribunal under the Housing Act 2004 (“the Act”) or Part 9 of the Housing Act 1985 (“the 1985 Act”). These applications concern or relate to provisions in the Act and the 1985 Act about powers of a Local Housing Authority (“LHA”) in connection with housing conditions and enforcement of housing standards, including emergency remedial action; demolition orders and slum clearance; regulation of houses in multiple occupation; management of dwellings and empty dwellings; and overcrowding.

Sections 229 and 230 of the Act make provision about the constitution of tribunals and their general powers. Schedule 13 to the 2004 Act confers on the National Assembly for Wales power to make regulations relating to the procedure of residential property tribunals and sets out the scope of those procedure regulations.

Regulation 2 defines terms used in the Regulations. The definition of “respondent” (“ymatebydd”) refers to sub-paragraph (3) of each paragraph in the Schedule to the Regulations.

Regulation 3 specifies the proceedings to which the Regulations apply.

Regulation 4 sets out the overriding objective of dealing fairly and justly with applications.

Regulation 5 makes provision in connection with requests for extension of time to make an application, in those cases where the Act gives a tribunal power to permit such an extension.

Regulation 6 gives details of the information to be included with an application, and specifies additional documents for particular applications as set out in sub-paragraph (2) of each paragraph of the Schedule to the Regulations.

Regulation 7 makes provision in respect of the tribunal acknowledging an application and sending to the respondent copy documents and a notice specifying the date by which the respondent should reply to the tribunal.

Regulation 8 deals with the respondent’s reply.

Regulation 9 permits the tribunal to hold an oral hearing at short notice where an LHA has applied for authorisation of an interim management order under section 102(4) or (7) of the Act, and where it appears to the tribunal on the basis of information accompanying the application that specified exceptional circumstances exist.

Regulation 10 deals with applications to be joined as a party to the proceedings.

Regulation 11 specifies circumstances where two or more separate applications, or particular issues arising in separate applications, may be determined together.

Regulation 12 provides that where an application fee is unpaid for 14 days, the application is to be treated as withdrawn unless there are reasonable grounds not to do so.

Regulation 13 enables the duty to supply a document to be satisfied by supplying it to a party’s or interested person’s representative where this is requested in writing.

Regulation 14 requires the tribunal to ensure that interested persons are notified of the application together with an explanation of the procedure for applying to be joined as a party.

Regulation 15 deals with distribution of relevant documents by the tribunal.

Regulations 16 and 17 deal with the tribunal’s powers to order the supply of information and documents and with failure to comply with such an order.

Regulation 18 enables the tribunal to determine an application without an oral hearing. A minimum of 14 days' notice must be given to the parties of the intention to proceed in this way. The parties have a right to request an oral hearing. A single qualified member of the panel may decide that an oral hearing is appropriate.

Regulation 19 makes provision for interim orders, other than in the case of determination of an application under section 102(4) or (7) of the Act.

Regulation 20 makes procedural provision in respect of directions under the tribunal’s general power in section 230(2) of the 2004 Act.

Regulation 21 deals with inspection of the premises and its neighbourhood.

Regulation 22 makes provision for adducing expert evidence to the tribunal.

Regulation 23 enables the tribunal to hold a case management conference (which is defined to include a pre-trial review) on not less than 14 days' notice to the parties, or a shorter period if agreed by the parties.

Regulation 24 gives details of the tribunal’s remaining case management powers. Regulation 24(1)(a) allows it to extend the time specified in the Regulations for various steps in the action.

Regulation 25 deals with giving notice appointing the date, time and place of a hearing, and regulation 26 gives the tribunal power to postpone a hearing.

Regulation 27 sets out the tribunal’s powers at a hearing, and regulation 28 makes provision as to when a hearing may be held in private as an exception to the general rule that it should be held in public.

Regulation 29 sets out the persons who are entitled to be present at hearings held in private and at the tribunal’s deliberations to determine the application.

Regulation 30 enables the tribunal to proceed with a hearing in the absence of a party who fails to appear.

Regulation 31 sets out how and when the tribunal will give and record decisions and reasons.

Regulation 32 provides that the tribunal must not award costs under its powers contained in paragraph 5 of Schedule 13 to the 2004 Act without giving the party concerned the opportunity to make representations. Costs awarded may not exceed £500.

Regulation 33 specifies how an application may be withdrawn in whole or part, and stipulates circumstances in which permission of the tribunal is required for withdrawal of an application.

Regulation 34 provides for a decision of a tribunal to be enforced in the county court, with the court’s leave.

Regulation 35 contains provisions relating to requests to a residential property tribunal for leave to appeal to the Lands Tribunal.

Regulation 36 requires the tribunal to make appropriate arrangements where any person taking part in the proceedings requires translation, interpretation, or other assistance to enable effective participation in the proceedings.

Regulation 37 sets out the requirements for the supply of notices or documents authorised by the Regulations to be supplied. The provision includes the circumstances in which communication by fax or electronic communication, such as email, or by a private delivery service, such as Document Exchange, will be acceptable.

Regulation 38 provides that if the time specified by these Regulations for doing any act expires on a weekend or public holiday, the act will be in time if done on the next working day.

Regulation 39 gives the tribunal power to dismiss in whole or in part any application considered frivolous, vexatious, or otherwise an abuse of process after giving notice of at least 21 days to the applicant.

Regulation 40 states that irregularities by parties will not in themselves render the proceedings void.

Regulation 41 allows mechanical or other reproduction of a signature, so long as the name of the person signing is added underneath in a way which enables the person to be identified.

The Schedule to the Regulations lists applications which may be made to a residential property tribunal and in respect of each specifies the additional documents which must be included with an application, and identifies the persons who may be named as respondents to the application.

Fees payable for certain applications to a residential property tribunal are specified in The Residential Property Tribunal (Fees) (Wales) Regulations 2006 (S.I. 2006/1642 (W.157)), which come into force on the same date as these Regulations.

A regulatory appraisal has been carried out in connection with these Regulations and is available from the Private Sector Unit, Department for Social Justice and Regeneration, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ (telephone [phone];email [e-mail]).