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PART II
FURTHER PROVISIONS RELATING TO HEARINGS
Sanctions for failure to reply
15. (1) If no reply to an application under rule 3(1) is received from the landlord
by the secretary within the time allowed by rule 6, then, subject to section
20(7) of the 1976 Act, the landlord shall not be entitled to dispute any matter
alleged in that application, but this paragraph does not affect any right of
the landlord to rely upon his own application under rule 4.
(2) Where pursuant to rule 15(2) or 18(2) of the principal rules (as applied by
rule 11(2) and (3) of these rules), the tribunal decide to make an order in
the terms of the application by the landlord without a formal hearing, any application
under rule 3(1) in respect of the holding shall be dismissed.
(3)
If no reply to an application under rule 3(1) is received from an applicant
by the secretary within the time allowed by rule 8(1), the applicant who has
not replied shall not be entitled to dispute any matter alleged in the application,
but this paragraph does not affect the right of that applicant to claim before
the tribunal that he is more suitable than the other applicant.
Procedure at hearing in case of sole applicant
16. Where on the date of the hearing only one application under rule 3(1) is pending
before the tribunal, the applicant shall begin, and the order of proceedings
shall be the same as in civil proceedings in the High Court as if the application
were an action begun by writ and as if any application by the landlord were
a counterclaim.
Procedure at hearing in case of multiple applicants where designation is claimed
17. (1) Where any applicant under rule 3(1) claims to be a designated applicant the
tribunal shall first hear him as to the validity of his claim to be a designated
applicant (and if more than one applicant so claims, the tribunal shall hear
them on those respective claims in the order determined by the tribunal), and
shall then afford any other applicant (including any applicant who himself so
claims) an opportunity to reply to that claim.
(2)
The tribunal shall thereupon determine the validity of each claim to be a designated
applicant.
(3)
If the tribunal determine that an applicant under rule 3(1) is a designated
applicant, they shall then hear that person's application as if he were the
only applicant.
(4)
If under paragraph (3) the tribunal determine that the designated applicant
is a suitable person to become the tenant of the holding, they -
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shall dismiss all other applications under rule 3(1), and |
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(b) |
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shall, subject to rule 13, hear any application by the landlord. |
(5)
If under paragraph (3) the tribunal determine that the designated applicant
is not a suitable person to become the tenant of the holding, they -
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shall dismiss his application, and |
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(b) |
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shall, unless there is any remaining issue to be
determined under paragraph (2) above, hear the remaining applications
under rule 3(1) in accordance with rules 13 and 16 (or, in the case
of two or more such applications, under rule 18) as if no applicant
had claimed to be a designated applicant. |
(6)
If under paragraphs (1) and (2) the tribunal determine that there is no designated
applicant, rule 18 shall apply.
Procedure at hearing in case of multiple applicants where designation
is not claimed
18.
(1)
Where the tribunal have to hear more than one application under rule 3(1) and
no applicant claims or has been determined to be a designated applicant, then,
subject to any direction by the chairman, the tribunal shall -
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dispose of the various matters before them in the following order, that is to
say - |
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(i) |
any determination as to eligibility under
section 21(3) of the 1976 Act; |
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(ii) |
any remaining issue as to eligibility under section
20(3) of the 1976 Act; |
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(iii) |
any determination as to suitability under section 20(3)
of the 1976 Act; |
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(iv) |
any question of exercising the discretion conferred
by section 20(9) of the 1976 Act; |
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(v) |
any determination as to relative suitability under
section 20(6) of the 1976 Act; |
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(vi) |
any question arising under section 20(9A) of the 1976
Act; |
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(vii) |
subject to rule 13, any question arising on an application
by the landlord under section 22 of the 1976 Act, and |
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(b) |
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hear the person who is in the position
of applicant in respect of any of the matters referred to in subparagraph
(a) above and then the other parties in such order as the tribunal
may determine, and, for the purpose of this subparagraph, any request
for the landlord's consent made under rule 8(2) or at the hearing
shall be treated as if it were an application. |
(2)
Where, under paragraph (1)(a)(iii), two or more applicants are determined to
be suitable persons to become the tenant of the holding, then -
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the tribunal shall ask the landlord if he will consent to the giving of a direction
in accordance with section 20(9) of the 1976 Act specifying any two, any three,
or any four of the suitable applicants and entitling them to a joint tenancy
of the holding, and if the landlord then consents the tribunal may (after hearing
such of the suitable applicants as wish to be heard) give a direction specifying
the applicants in respect of whom the landlord's consent is given, and entitling
them to a joint tenancy of the holding; |
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the tribunal may give the landlord an opportunity to consent within
such time as they may allow, and may regard his consent as refused
if not given within that time. |
(3)
Where the tribunal dispose of any matter under paragraph (1)(a)(i), (ii), (iii),
(v) or (vii) in such a way that any particular application can no longer succeed,
that application shall be dismissed.
Further provisions relating to notice to quit
19.
Where the proceedings are adjourned under rule 13(1) and the landlord
then fails to make an application under rule 4 within the time allowed by that
rule, the tribunal may, without a formal hearing, give a direction under section
20(5) or 20(6) of the 1976 Act (as the case may be) entitling the suitable applicant
to a tenancy of the holding.
Application of principal rules relating to evidence, decisions etc
20. (1)
Rules 28 to 31 and 33 to 38 of the principal rules shall apply with the necessary
modifications to proceedings under this Part of these rules as they apply to
other proceedings before the tribunal.
(2) For the purposes of rules 31, 33 and 34 of the principal rules, any dismissal
of an application under these rules shall be a decision, and all such decisions,
and the reasons for them, may be given in a single document at the conclusion
of the proceedings unless the chairman otherwise decides.
Postponement of operation of notice to quit or direction
21. (1) Where the tribunal give their consent to the operation of a notice to quit under
section 22 of the 1976 Act within the period of three months ending with the
original operative date or at any time after that date, any application by the
tenant under subsection (6) of that section for the notice to have effect from
a later date shall be made in writing to the secretary before the hearing or
verbally at the hearing.
(2)
Where the tribunal give a direction under section 20(5), (6) or (9) of the 1976
Act within the period of three months ending with the relevant time apart from
section 23 (2A) of that Act, any application by the tenant under that subsection
for the direction to have effect from a later time shall be made in writing
to the secretary before the hearing or verbally at the hearing.
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