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The Housing Administration (England and Wales) Rules 2018

S.I. 2018/719 · Made 12 June 2018 · Extends to England and Wales

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 5 July 2018.

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rule 4.41(5)words substitutedSenior Courts (Transfer, Amendment and Consequential Provision) 2026 Sch. 2 para. 21

Housing, England And Wales

Insolvency, England And Wales

Made 12th June 2018

Laid before Parliament 14th June 2018

Coming into force 5th July 2018

The Lord Chancellor makes the following Rules in exercise of the powers conferred by section 102(5) of the Housing and Planning Act 2016f1 and section 411 of the Insolvency Act 1986f2, with the concurrence of the Secretary of State and, in relation to those rules which affect court procedure, of the Lord Chief Justice.

Annotations to the whole text

Footnotes

f1

2016 c. 22.

f2

1986 c. 45. Section 411 confers on the Lord Chancellor the power to make rules in relation to insolvency in England and Wales with the concurrence of the Secretary of State and the Lord Chief Justice (in the case of rules that affect court procedure). Relevant amendments to sections 411 are made by regulations 2 and 3(1), 3(3) and 3(4) of S.I. 2002/1037, paragraphs 185, 188(1) and (3) and 189 (1) and (3) of Schedule 4 to the Constitutional Reform Act 2005 (c. 4), paragraphs 1 and 8 of Schedule 20 to the Tribunals, Courts and Enforcement Act 2007 (c. 15), paragraph 44 of Schedule 4 to SI.I. 2007/2194, section 160(1) and (5)(a) of the Banking Act 2009 (c. 1), paragraph 79 of Schedule 1 to S.I. 2009/1941 and paragraphs 1 to 11 of Schedule 10 to the Small Business, Enterprise and Employment Act 2015 (c. 26).

Contents

  1. Part 1: Introductory provisions
  2. 1.1Citation and commencement
  3. 1.2Application
  4. 1.3Interpretation
  5. 1.4Punishment of Offences
  6. 1.5Review
  7. Part 2: APPLICATION FOR AN HOUSING ADMINISTRATION ORDER
  8. 2.1Commencement of housing administration proceedings
  9. 2.2Form of application
  10. 2.3Contents of application and witness statement
  11. 2.4Filing of application
  12. 2.5Service of application
  13. 2.6Notice to enforcement agents charged with distress or other legal process, etc.
  14. 2.7Manner in which service to be effected
  15. 2.8Proof of service
  16. 2.9The hearing
  17. 2.10The order
  18. 2.11Notice of housing administration order
  19. Part 3: PROCESS OF HOUSING ADMINISTRATION
  20. Chapter 1: Notice of housing administrator’s appointment
  21. 3.1Notification and advertisement of housing administrator’s appointment
  22. Chapter 2: Statement of affairs
  23. 3.2Notice requiring statement of affairs and delivery to the housing administrator
  24. 3.3Content of statement of affairs
  25. 3.4Statement of concurrence
  26. 3.5Filing of statement of affairs
  27. 3.6Release from requirement to provide statement of affairs and extension of time
  28. 3.7Expenses of statement of affairs
  29. Chapter 3: Housing administrator’s proposals
  30. 3.8Housing administrator’s proposals - additional content
  31. 3.9Statement of pre-administration costs
  32. 3.10Ancillary provisions about delivery of housing administrator’s proposals
  33. 3.11Revision of housing administrator’s proposals
  34. Chapter 4: Housing Administrator’s reports
  35. 3.12Reporting by the housing administrator
  36. 3.13Progress reports
  37. 3.14Contents of progress reports
  38. 3.15Final progress report
  39. 3.16Information about pre-administration costs
  40. Chapter 5: Registered provider meetings
  41. 3.17Application of Chapter 5 to meetings of the registered provider
  42. 3.18Meetings of the registered provider
  43. 3.19Nature of meetings
  44. 3.20Remote attendance: notification requirements
  45. 3.21Location of meetings
  46. 3.22Chair of the meeting
  47. 3.23Action where person excluded
  48. 3.24Indication to excluded person
  49. 3.25Complaint
  50. Chapter 6: Creditors’ decisions
  51. 3.26Application of Chapter 6 to creditors’ decisions
  52. 3.27Creditors’ decisions
  53. 3.28Creditors’ decisions for the nomination of alternative liquidator
  54. 3.29Decision making
  55. Chapter 7: Limited disclosure of statements of affairs and proposals
  56. 3.30Application of Chapter 7
  57. 3.31Orders limiting disclosure of statement of affairs etc
  58. 3.32Order for disclosure
  59. 3.33Recission or amendment of order for limited disclosure
  60. 3.34Publication etc. of statement of affairs and statement of proposals
  61. Chapter 8: Disposal of Charged Property
  62. 3.35Disposal of charged property
  63. Chapter 9: Expenses of the Housing Administration
  64. 3.36Expenses
  65. 3.37Order of priority
  66. Chapter 10: Extension and ending of administration
  67. 3.38Application to extend a housing administration and extension by consent
  68. 3.39Notice of automatic end of administration
  69. 3.40Application for an order ending housing administration
  70. 3.41Notice of court order ending housing administration
  71. 3.42Moving from housing administration to creditors’ voluntary winding up
  72. 3.43Moving from housing administration to dissolution
  73. Part 4: COURT PROCEDURE AND PRACTICE
  74. Chapter 1: General
  75. 4.1Court rules and practice to apply
  76. 4.2Performance of functions by the Court
  77. Chapter 2: Making applications to court
  78. 4.3Preliminary
  79. 4.4Form and content of application
  80. 4.5Filing of application
  81. 4.6Fixing the venue
  82. 4.7Service or delivery of application
  83. 4.8Hearing in urgent case
  84. 4.9Directions
  85. 4.10Hearings and determination without notice
  86. 4.11Adjournment of the hearing of an application
  87. 4.12Application under section 176A(5) to disapply section 176A
  88. 4.13Notice of an application under section 176A(5)
  89. 4.14Notice of an order under section 176A(5)
  90. 4.15Contents of application to the court under section 236 of the Act
  91. 4.16Order for examination etc
  92. 4.17Procedure for examination
  93. 4.18Record of examination
  94. 4.19Costs of proceedings under section 236 of the Act
  95. 4.20Further information and disclosure
  96. 4.21Witness statements and reports
  97. 4.22Evidence provided by the housing administrator
  98. Chapter 3: Transfer of Proceedings
  99. 4.23General power of transfer
  100. 4.24Proceedings commenced in the wrong court
  101. 4.25Applications for transfer
  102. 4.26Procedure following order for transfer
  103. Chapter 4: Court file
  104. 4.27Court file
  105. 4.28Office copies of documents
  106. Chapter 5: Costs
  107. 4.29Application of Chapter and interpretation
  108. 4.30Requirement to assess costs by the detailed procedure
  109. 4.31Procedure where detailed assessment is required
  110. 4.32Costs paid otherwise than out of the assets of the registered provider
  111. 4.33Award of costs against the housing administrator
  112. 4.34Applications for costs
  113. 4.35Costs and expenses of witnesses
  114. 4.36Final costs certificate
  115. Chapter 6: Enforcement procedures
  116. 4.37Enforcement of court orders
  117. 4.38Orders enforcing compliance
  118. 4.39Warrants under section 236
  119. Chapter 7: Appeals in housing administration
  120. 4.40Application of Chapter
  121. 4.41Appeals and reviews of housing administration orders
  122. 4.42Procedure on appeal
  123. Chapter 8: Court orders, formal defects and shorthand writers
  124. 4.43Court orders
  125. 4.44Formal defects
  126. 4.45Shorthand writers
  127. Part 5: CLAIMS BY AND DISTRIBUTIONS TO CREDITORS
  128. Chapter 1: Interpretation
  129. 5.1Interpretation
  130. Chapter 2: Creditors’ claims in housing administration
  131. 5.2Provable debts
  132. 5.3Proving a debt
  133. 5.4Requirements for proof
  134. 5.5Costs of proving
  135. 5.6Allowing inspection of proofs
  136. 5.7Admission and rejection of proofs for dividend
  137. 5.8Appeal against decision on proof
  138. 5.9Housing administrator not liable for costs under rule 5.8
  139. 5.10Withdrawal or variation of proof
  140. 5.11Exclusion of proof by the court
  141. 5.12Debts of registered providers to rank equally
  142. 5.13Division of unsold assets
  143. 5.14Estimate of value of debt
  144. 5.15Secured creditor: value of security
  145. 5.16Secured creditor: surrender for non-disclosure
  146. 5.17Secured creditor: redemption by housing administrator
  147. 5.18Secured creditor: test of security’s value
  148. 5.19Realisation or surrender of security by creditor
  149. 5.20Discounts
  150. 5.21Debts in foreign currency
  151. 5.22Payments of a periodical nature
  152. 5.23Interest
  153. 5.24Mutual dealings and set-off
  154. Chapter 3: Distribution to creditors
  155. 5.25Application of Chapter to particular class of creditors and to distributions
  156. 5.26Individual notices to creditors etc of intended dividend or distribution
  157. 5.27Contents of notice of intention to declare a dividend or make a distribution
  158. 5.28Further contents of notice to creditors owed small debts etc.
  159. 5.29Gazette notice of intended first dividend or distribution
  160. 5.30Admission or rejection of proofs following last date for proving
  161. 5.31Postponement or cancellation of dividend
  162. 5.32Declaration of dividend
  163. 5.33Notice of declaration of a dividend
  164. 5.34Notice of no dividend, or no further dividend
  165. 5.35Sole or final dividend
  166. 5.36Provisions as to dividends
  167. 5.37Supplementary provisions as to dividends
  168. 5.38Secured creditors
  169. 5.39Disqualification from dividend
  170. 5.40Assignment of right to dividend
  171. 5.41Debt payable at future time
  172. 5.42Non payment of dividend
  173. 5.43Reporting distribution of property to creditors under rule 5.13
  174. Part 6: THE HOUSING ADMINISTRATOR
  175. Chapter 1: Replacing the Housing Administrator
  176. 6.1Grounds for resignation
  177. 6.2Notice of intention to resign
  178. 6.3Notice of resignation
  179. 6.4Application to court to remove housing administrator from office
  180. 6.5Notice of vacation of office when housing administrator ceases to be qualified to act
  181. 6.6Deceased housing administrator
  182. 6.7Application to replace
  183. 6.8Appointment of a replacement or additional housing administrator
  184. 6.9Housing administrator’s duties on vacating office
  185. Chapter 2: Remuneration and expenses
  186. 6.10Basis of remuneration
  187. 6.11Pre-administration costs
  188. 6.12Remuneration of former housing administrator
  189. 6.13Remuneration of new housing administrator
  190. Part 7: TIME, RULES ABOUT DOCUMENTS AND INTERPRETATION
  191. Chapter 1: Time
  192. 7.1Calculation of time periods
  193. Chapter 2: Form and content of documents
  194. 7.2Notices or statements in writing
  195. 7.3Authentication
  196. 7.4Information required to identify persons and proceedings etc.
  197. 7.5Prescribed format of documents
  198. 7.6Variations from prescribed contents
  199. Chapter 3: Standard contents of documents to be delivered to the relevant registry
  200. 7.7Standard contents for documents delivered to the relevant registry
  201. 7.8Relevant registry: cover sheets
  202. 7.9Standard contents of all documents to be delivered to the relevant registry
  203. 7.10Standard contents of documents relating to the office of housing administrator
  204. 7.11Standard contents of documents relating to other documents
  205. 7.12Standard contents of documents relating to court orders
  206. Chapter 4: Standard contents of notices for delivery to other persons etc.
  207. 7.13Standard contents of notices to be delivered to persons other than the relevant registry
  208. 7.14Standard contents of all notices
  209. 7.15Standard contents of notice relating to the office of housing administrator
  210. 7.16Standard contents of notices relating to documents
  211. 7.17Standard contents of notices relating to court proceedings or orders
  212. 7.18Standard contents of returns or reports of decisions
  213. 7.19Standard contents of notices of the results of decisions
  214. 7.20Standard contents of documents relating to other events
  215. Chapter 5: Delivery of documents
  216. 7.21Application of Chapter
  217. 7.22Delivery of documents to authorised recipients
  218. 7.23Delivery of documents to joint housing administrators
  219. 7.24Postal delivery of documents
  220. 7.25Delivery by document exchange
  221. 7.26Personal delivery of documents
  222. 7.27Electronic delivery of documents
  223. 7.28Electronic delivery of notices to enforcement officers
  224. 7.29Electronic delivery of documents to the court
  225. 7.30Electronic delivery by housing administrators
  226. 7.31Proof of delivery of documents
  227. 7.32Delivery of proofs and details of claims
  228. Chapter 6: Inspection of documents, copies and provision of information
  229. 7.33Right to copy documents
  230. 7.34Charges for copies of documents provided by the housing administrator
  231. 7.35Offence in relation to inspection of documents
  232. 7.36Right to list of creditors
  233. 7.37Confidentiality of documents – grounds for refusing inspection
  234. 7.38Proposed housing administrator’s statement and consent to act
  235. Chapter 7: Use of websites
  236. 7.39Use of website by housing administrator to deliver a particular document
  237. 7.40General use of website to deliver documents
  238. 7.41Retention period for documents made available on websites
  239. Chapter 8: Standard contents of Gazette notices
  240. 7.42Contents of notices to be gazetted under the Act or Rules
  241. 7.43Standard contents of all notices
  242. 7.44Gazette – as evidence, variations and errors
  243. Chapter 9: Standard contents of notices advertised otherwise than in the Gazette
  244. 7.45Standard contents of notices advertised otherwise than in the Gazette
  245. 7.46Non-Gazette notices relating to a registered provider
  246. 7.47Non-Gazette notices – other provisions
  247. Chapter 10: Delivery of documents and opting out
  248. 7.48Delivery to the creditors and opting out
  249. 7.49Creditor’s election to opt out
  250. 7.50Housing administrator to provide information to creditors on opting-out
  251. Signature
  252. Schedule 1Punishment of offences under these Rules
  253. Schedule 2: Service of documents
  254. 2Paragraph 2
  255. 3Service of application for housing administration
  256. 4Service on joint housing administrators
  257. 5Certificate of service
  258. Explanatory note