Practice Directions Property Chamber, First-tier Tribunal Residential Property Cases
| Author | Piers Harrison/David Lonsdale |
| Pages | 241-258 |
A3 PRACTICE DIRECTIONS PROPERTY CHAMBER, FIRST-TIER TRIBUNAL RESIDENTIAL PROPERTY CASES
PRACTICE DIRECTIONS PROPERTY CHAMBER, FIRST-TIER TRIBUNAL RESIDENTIAL PROPERTY CASES
This Practice Direction is supplemental to rule 26 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.
Applications to start proceedings
1. Where an application is made to start proceedings under the Housing Act 2004 or the Housing Act 1985 other than an application under paragraph 11(4) of schedule 5 to the 1985 Act it must be accompanied by the documents and any additional details set out in schedule 1 to this practice direction.
2. Where an application is made to start proceedings under paragraph 11(4) of schedule 5 to the Housing Act 1985 it must be accompanied by the documents and any additional details set out in schedule 2 to this practice direction.
3. Where an application is made to start proceedings under the Leasehold Reform Act 1967, Part 1 of the Landlord and Tenant Act 1987 or under the Leasehold Reform Housing and Urban Development Act 1993 other than an application under Chapter 4 of Part 1 to the 1993 Act it must be accompanied by the documents and any additional details set out in schedule 3 to this practice direction.
4. Where an application is made to start proceedings under :
a. section 20ZA of the Landlord and Tenant Act 1985;
b. section 27A of that Act;
c. section 20C of that Act;
d. paragraph 8 of the Schedule to that Act;
e. section 159 of the Commonhold and Leasehold Reform Act 2002 Act;
f. paragraph 3 of Schedule 11 to that Act; and
g. paragraph 5 of Schedule 11 to that Act,
It must be accompanied by the documents and any additional details set out in schedule 4 to this practice direction
5. Where an application is made to start proceedings under Chapter 4 of Part 1 to the Leasehold Reform Housing and Urban Development Act 1993 Act it must be accompanied by the documents and any additional details set out in schedule 5 to this practice direction.
6. Where an application is made to start proceedings under sections 84, 85, 88, 94, 99 and paragraph 5 of schedule 6 to the Commonhold and Leasehold Reform Act 2002 it must be accompanied by the documents and any additional details set out in schedule 6 to this practice direction
7. Where an application is made to start proceedings under section 22 or section 24 of the Landlord and Tenant Act 1987 it must be accompanied by the documents and any additional details set out in schedule 7 to this practice direction.
242 Leasehold Enfranchisement: Law & Practice
8. Where an application is made to start proceedings under Part 4 of the Landlord and Tenant Act 1987 it must be accompanied by the documents and any additional details set out in schedule 8 to this practice direction.
9. Where an application is made to start proceedings under section 168(4) of the Commonhold and Leasehold Reform Act 2002 it must be accompanied by the documents and any additional details set out in schedule 9 to this practice direction.
10. Where an application is made to start proceedings under the Mobile Homes Act 1983 it must be accompanied by the documents and any additional details set out in schedule 10 to this practice direction.
11. Where an application is made to start proceedings under section 13 of the Housing Act 1988 it must be accompanied by the documents and any additional details set out in schedule 11 to this practice direction.
12. This Practice direction is made by the Senior President of Tribunals with the agreement of the Lord Chancellor in the exercise of powers conferred by section 23 of the Tribunals, Courts and Enforcement Act 2007.
SIR JEREMY SULLIVAN
SENIOR PRESIDENT OF TRIBUNALS
9 September 2013
Schedule 1 – Housing Act 2004 and Housing Act 1985 (other than an application under paragraph 11(4) of Schedule 5 to the 1985 Act)
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 sub-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.
Applications relating to prohibition orders
5.—(1) This paragraph applies to an application under section 22(9) of the 2004 Act (appeal against LHA’s refusal to give approval of particular use under section 22(4)).
(2) The specified documents are—
(a) a copy of the prohibition order (including any schedule to it);
(b) the statement of reasons; and
(c) notice of the LHA’s decision to refuse a particular use of the whole or part of the premises.
(3) The specified respondent is the LHA.
6.—(1) This paragraph applies to an application under section 34(2) of the 2004 Act (application by lessor or lessee for order determining or varying lease where a prohibition order has become operative).
(2) The specified documents are—
244 Leasehold Enfranchisement: Law & Practice
(a) a copy of the prohibition order (including any schedule to it);
(b) the statement of reasons;
(c) a copy of the relevant lease; and
(d) a statement of the name and address of any other party to the lease and of any party to an inferior lease.
(3) The specified respondent is the other party to the lease.
7.—(1) This paragraph applies to an application under paragraph 7(1) of Schedule 2 to the 2004 Act (appeal against prohibition order).
(2) The specified documents are—
(a) a copy of the prohibition order (including any schedule to it);
(b) the statement of reasons; and
(c) where one of the grounds of the application is that one of the courses of action mentioned in paragraph 8(2) of Schedule 2 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.
8.—(1) This paragraph applies to an application under paragraph 9(1) of Schedule 2 to the 2004 Act (appeal against LHA’s decision to vary, or to refuse to vary or revoke, a prohibition order).
(2) The specified documents are—
(a) a copy of the prohibition order (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...
To continue reading
Request your trial