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Do tribunals even follow the full code of judicial civil procedure in the first place?

If the answer to the titular question is "yes," then what should be done if one is less than two weeks from the deadline for filing the application with the tribunal as it is customary to give the respondent party 14 days to respond to your letter before claim?

2 Answers 2

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NO, a tenant only needs to submit a claim form to the Tribunal.

The legislation that allows for a Rent Repayment Order maybe found at sections 41 and 42 of the Housing and Planning Act 2016:

41 Application for rent repayment order

(1)A tenant or a local housing authority may apply to the First-tier Tribunal for a rent repayment order against a person who has committed an offence to which this Chapter applies.

(2)A tenant may apply for a rent repayment order only if —

  • (a)the offence relates to housing that, at the time of the offence, was let to the tenant, and

  • (b)the offence was committed in the period of 12 months ending with the day on which the application is made.

(3)A local housing authority may apply for a rent repayment order only if—

  • (a)the offence relates to housing in the authority's area, and

  • (b)the authority has complied with section 42.

(4)In deciding whether to apply for a rent repayment order a local housing authority must have regard to any guidance given by the Secretary of State.

42 Notice of intended proceedings

(1)Before applying for a rent repayment order a local housing authority must give the landlord a notice of intended proceedings.

(2)A notice of intended proceedings must—

  • (a)inform the landlord that the authority is proposing to apply for a rent repayment order and explain why,

  • (b)state the amount that the authority seeks to recover, and

  • (c)invite the landlord to make representations within a period specified in the notice of not less than 28 days (“the notice period”).

(3)The authority must consider any representations made during the notice period.

(4)The authority must wait until the notice period has ended before applying for a rent repayment order.

(5)A notice of intended proceedings may not be given after the end of the period of 12 months beginning with the day on which the landlord committed the offence to which it relates.

Note that s.42 makes no mention of a statutory requirement on the tenant to provide a Notice. This is clarified at para 4.2 of the Guidance for Local Housing Authorities referred to at section 41(4) above:

4.2 Does a tenant have to go through the same procedure as a local housing authority if they want to apply for a rent repayment order?

No. A tenant does not have to go through the same process. To make an application for a rent repayment order, a tenant only needs to submit a claim to the First-tier Tribunal which sets out the reasons for the claim and the dates to which it relates

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  • Thanks so much for this! My only point of clarification would be to confirm whether the general pre-action practice direction would still apply to such an action. While your answer is apparently "no," you seem to substantiate this only with generously thorough references to the relevant statute laying out the basis for this particular type of action. However, I'm wondering if the general civil procedure rules' pre action protocols and general pre action practice direction have a sort of blanket applicability to any type of civil action including this one even though the enabling legislation Aug 9, 2022 at 17:18
  • Is quite clear in not specifically requiring any notice period. Aug 9, 2022 at 17:18
  • None of the various Rules I searched required PAP for this procedure. Notwithstanding it's nigh on impossible to prove a negative, I think the guidelines at para 4.2 are fairly definitive.
    – user35069
    Aug 9, 2022 at 17:32
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    Excellent, well what a relief. Thank you very much indeed! Aug 9, 2022 at 17:37
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Act earlier

Tribunals are parts of the administrative arm of government. Unlike courts, which have common law rights, they only have the powers given to them in the legislation that created them. As such, they rarely to never have the ability to extend deadlines.

So, if you have not left yourself enough time to comply with statutory deadlines, you lose.

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    Not to be mean and while you do bring up a good point I have to say that this hardly even begins to address the issues raised in the original question. Aug 9, 2022 at 12:20
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    1. Is PAP even applicable, much less required, to a tribunal rather than judiciary context? 2. The premise of the question is that there is still ample time to bring the claim to the tribunal within the statutorily specified deadline, just less time to give the full customary 2 weeks response time allowance to the respondent party. 3. In order to compromise would it be sensible to follow the PAP but request a response within a shortened/hastened timeframe than the full 14 days? Like suppose 10 days? Aug 9, 2022 at 13:52

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