The Housing Administration (England and Wales) Rules 2018
S.I. 2018/719 · Made 12 June 2018 · Extends to England and Wales
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
- 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
- Part 1: Introductory provisions
- 1.1Citation and commencement
- 1.2Application
- 1.3Interpretation
- 1.4Punishment of Offences
- 1.5Review
- Part 2: APPLICATION FOR AN HOUSING ADMINISTRATION ORDER
- 2.1Commencement of housing administration proceedings
- 2.2Form of application
- 2.3Contents of application and witness statement
- 2.4Filing of application
- 2.5Service of application
- 2.6Notice to enforcement agents charged with distress or other legal process, etc.
- 2.7Manner in which service to be effected
- 2.8Proof of service
- 2.9The hearing
- 2.10The order
- 2.11Notice of housing administration order
- Part 3: PROCESS OF HOUSING ADMINISTRATION
- Chapter 1: Notice of housing administrator’s appointment
- 3.1Notification and advertisement of housing administrator’s appointment
- Chapter 2: Statement of affairs
- 3.2Notice requiring statement of affairs and delivery to the housing administrator
- 3.3Content of statement of affairs
- 3.4Statement of concurrence
- 3.5Filing of statement of affairs
- 3.6Release from requirement to provide statement of affairs and extension of time
- 3.7Expenses of statement of affairs
- Chapter 3: Housing administrator’s proposals
- 3.8Housing administrator’s proposals - additional content
- 3.9Statement of pre-administration costs
- 3.10Ancillary provisions about delivery of housing administrator’s proposals
- 3.11Revision of housing administrator’s proposals
- Chapter 4: Housing Administrator’s reports
- 3.12Reporting by the housing administrator
- 3.13Progress reports
- 3.14Contents of progress reports
- 3.15Final progress report
- 3.16Information about pre-administration costs
- Chapter 5: Registered provider meetings
- 3.17Application of Chapter 5 to meetings of the registered provider
- 3.18Meetings of the registered provider
- 3.19Nature of meetings
- 3.20Remote attendance: notification requirements
- 3.21Location of meetings
- 3.22Chair of the meeting
- 3.23Action where person excluded
- 3.24Indication to excluded person
- 3.25Complaint
- Chapter 6: Creditors’ decisions
- 3.26Application of Chapter 6 to creditors’ decisions
- 3.27Creditors’ decisions
- 3.28Creditors’ decisions for the nomination of alternative liquidator
- 3.29Decision making
- Chapter 7: Limited disclosure of statements of affairs and proposals
- 3.30Application of Chapter 7
- 3.31Orders limiting disclosure of statement of affairs etc
- 3.32Order for disclosure
- 3.33Recission or amendment of order for limited disclosure
- 3.34Publication etc. of statement of affairs and statement of proposals
- Chapter 8: Disposal of Charged Property
- 3.35Disposal of charged property
- Chapter 9: Expenses of the Housing Administration
- 3.36Expenses
- 3.37Order of priority
- Chapter 10: Extension and ending of administration
- 3.38Application to extend a housing administration and extension by consent
- 3.39Notice of automatic end of administration
- 3.40Application for an order ending housing administration
- 3.41Notice of court order ending housing administration
- 3.42Moving from housing administration to creditors’ voluntary winding up
- 3.43Moving from housing administration to dissolution
- Part 4: COURT PROCEDURE AND PRACTICE
- Chapter 1: General
- 4.1Court rules and practice to apply
- 4.2Performance of functions by the Court
- Chapter 2: Making applications to court
- 4.3Preliminary
- 4.4Form and content of application
- 4.5Filing of application
- 4.6Fixing the venue
- 4.7Service or delivery of application
- 4.8Hearing in urgent case
- 4.9Directions
- 4.10Hearings and determination without notice
- 4.11Adjournment of the hearing of an application
- 4.12Application under section 176A(5) to disapply section 176A
- 4.13Notice of an application under section 176A(5)
- 4.14Notice of an order under section 176A(5)
- 4.15Contents of application to the court under section 236 of the Act
- 4.16Order for examination etc
- 4.17Procedure for examination
- 4.18Record of examination
- 4.19Costs of proceedings under section 236 of the Act
- 4.20Further information and disclosure
- 4.21Witness statements and reports
- 4.22Evidence provided by the housing administrator
- Chapter 3: Transfer of Proceedings
- 4.23General power of transfer
- 4.24Proceedings commenced in the wrong court
- 4.25Applications for transfer
- 4.26Procedure following order for transfer
- Chapter 4: Court file
- 4.27Court file
- 4.28Office copies of documents
- Chapter 5: Costs
- 4.29Application of Chapter and interpretation
- 4.30Requirement to assess costs by the detailed procedure
- 4.31Procedure where detailed assessment is required
- 4.32Costs paid otherwise than out of the assets of the registered provider
- 4.33Award of costs against the housing administrator
- 4.34Applications for costs
- 4.35Costs and expenses of witnesses
- 4.36Final costs certificate
- Chapter 6: Enforcement procedures
- 4.37Enforcement of court orders
- 4.38Orders enforcing compliance
- 4.39Warrants under section 236
- Chapter 7: Appeals in housing administration
- 4.40Application of Chapter
- 4.41Appeals and reviews of housing administration orders
- 4.42Procedure on appeal
- Chapter 8: Court orders, formal defects and shorthand writers
- 4.43Court orders
- 4.44Formal defects
- 4.45Shorthand writers
- Part 5: CLAIMS BY AND DISTRIBUTIONS TO CREDITORS
- Chapter 1: Interpretation
- 5.1Interpretation
- Chapter 2: Creditors’ claims in housing administration
- 5.2Provable debts
- 5.3Proving a debt
- 5.4Requirements for proof
- 5.5Costs of proving
- 5.6Allowing inspection of proofs
- 5.7Admission and rejection of proofs for dividend
- 5.8Appeal against decision on proof
- 5.9Housing administrator not liable for costs under rule 5.8
- 5.10Withdrawal or variation of proof
- 5.11Exclusion of proof by the court
- 5.12Debts of registered providers to rank equally
- 5.13Division of unsold assets
- 5.14Estimate of value of debt
- 5.15Secured creditor: value of security
- 5.16Secured creditor: surrender for non-disclosure
- 5.17Secured creditor: redemption by housing administrator
- 5.18Secured creditor: test of security’s value
- 5.19Realisation or surrender of security by creditor
- 5.20Discounts
- 5.21Debts in foreign currency
- 5.22Payments of a periodical nature
- 5.23Interest
- 5.24Mutual dealings and set-off
- Chapter 3: Distribution to creditors
- 5.25Application of Chapter to particular class of creditors and to distributions
- 5.26Individual notices to creditors etc of intended dividend or distribution
- 5.27Contents of notice of intention to declare a dividend or make a distribution
- 5.28Further contents of notice to creditors owed small debts etc.
- 5.29Gazette notice of intended first dividend or distribution
- 5.30Admission or rejection of proofs following last date for proving
- 5.31Postponement or cancellation of dividend
- 5.32Declaration of dividend
- 5.33Notice of declaration of a dividend
- 5.34Notice of no dividend, or no further dividend
- 5.35Sole or final dividend
- 5.36Provisions as to dividends
- 5.37Supplementary provisions as to dividends
- 5.38Secured creditors
- 5.39Disqualification from dividend
- 5.40Assignment of right to dividend
- 5.41Debt payable at future time
- 5.42Non payment of dividend
- 5.43Reporting distribution of property to creditors under rule 5.13
- Part 6: THE HOUSING ADMINISTRATOR
- Chapter 1: Replacing the Housing Administrator
- 6.1Grounds for resignation
- 6.2Notice of intention to resign
- 6.3Notice of resignation
- 6.4Application to court to remove housing administrator from office
- 6.5Notice of vacation of office when housing administrator ceases to be qualified to act
- 6.6Deceased housing administrator
- 6.7Application to replace
- 6.8Appointment of a replacement or additional housing administrator
- 6.9Housing administrator’s duties on vacating office
- Chapter 2: Remuneration and expenses
- 6.10Basis of remuneration
- 6.11Pre-administration costs
- 6.12Remuneration of former housing administrator
- 6.13Remuneration of new housing administrator
- Part 7: TIME, RULES ABOUT DOCUMENTS AND INTERPRETATION
- Chapter 1: Time
- 7.1Calculation of time periods
- Chapter 2: Form and content of documents
- 7.2Notices or statements in writing
- 7.3Authentication
- 7.4Information required to identify persons and proceedings etc.
- 7.5Prescribed format of documents
- 7.6Variations from prescribed contents
- Chapter 3: Standard contents of documents to be delivered to the relevant registry
- 7.7Standard contents for documents delivered to the relevant registry
- 7.8Relevant registry: cover sheets
- 7.9Standard contents of all documents to be delivered to the relevant registry
- 7.10Standard contents of documents relating to the office of housing administrator
- 7.11Standard contents of documents relating to other documents
- 7.12Standard contents of documents relating to court orders
- Chapter 4: Standard contents of notices for delivery to other persons etc.
- 7.13Standard contents of notices to be delivered to persons other than the relevant registry
- 7.14Standard contents of all notices
- 7.15Standard contents of notice relating to the office of housing administrator
- 7.16Standard contents of notices relating to documents
- 7.17Standard contents of notices relating to court proceedings or orders
- 7.18Standard contents of returns or reports of decisions
- 7.19Standard contents of notices of the results of decisions
- 7.20Standard contents of documents relating to other events
- Chapter 5: Delivery of documents
- 7.21Application of Chapter
- 7.22Delivery of documents to authorised recipients
- 7.23Delivery of documents to joint housing administrators
- 7.24Postal delivery of documents
- 7.25Delivery by document exchange
- 7.26Personal delivery of documents
- 7.27Electronic delivery of documents
- 7.28Electronic delivery of notices to enforcement officers
- 7.29Electronic delivery of documents to the court
- 7.30Electronic delivery by housing administrators
- 7.31Proof of delivery of documents
- 7.32Delivery of proofs and details of claims
- Chapter 6: Inspection of documents, copies and provision of information
- 7.33Right to copy documents
- 7.34Charges for copies of documents provided by the housing administrator
- 7.35Offence in relation to inspection of documents
- 7.36Right to list of creditors
- 7.37Confidentiality of documents – grounds for refusing inspection
- 7.38Proposed housing administrator’s statement and consent to act
- Chapter 7: Use of websites
- 7.39Use of website by housing administrator to deliver a particular document
- 7.40General use of website to deliver documents
- 7.41Retention period for documents made available on websites
- Chapter 8: Standard contents of Gazette notices
- 7.42Contents of notices to be gazetted under the Act or Rules
- 7.43Standard contents of all notices
- 7.44Gazette – as evidence, variations and errors
- Chapter 9: Standard contents of notices advertised otherwise than in the Gazette
- 7.45Standard contents of notices advertised otherwise than in the Gazette
- 7.46Non-Gazette notices relating to a registered provider
- 7.47Non-Gazette notices – other provisions
- Chapter 10: Delivery of documents and opting out
- 7.48Delivery to the creditors and opting out
- 7.49Creditor’s election to opt out
- 7.50Housing administrator to provide information to creditors on opting-out
- Signature
- Schedule 1Punishment of offences under these Rules
- Schedule 2: Service of documents
- 2Paragraph 2
- 3Service of application for housing administration
- 4Service on joint housing administrators
- 5Certificate of service
- Explanatory note