Article 43 Multiple applications under the 1986 Act where there is no designated applicant

(1)

The Tribunal must, subject to any direction by the Tribunal to the contrary, consider any issue of eligibility or suitability by applying the 1986 Act in the following sequence—

(a)

any question arising under section 41(3) of the 1986 Act (treatment as eligible person);

(b)

any question of eligibility under section 39(2) of the 1986 Act, as applied by section 39(3) of that Act;

(c)

any question of suitability under section 39(2) of the 1986 Act, as applied by section 39(3) of that Act;

(d)

any exercise of discretion under section 39(9) of the 1986 Act (direction for joint tenancy);

(e)

any question of relative suitability under section 39(6) of the 1986 Act;

(f)

any question arising under section 39(10) of the 1986 Act (tenancy of part of holding);

(g)

any question arising under section 44 of the 1986 Act (consent to operation of notice to quit).

(2)

Before giving a direction under section 39(9) of the 1986 Act, the Tribunal must—

(a)

ask the landlord if the landlord consents to the giving of a direction; and

(b)

consider any representations made by other suitable applicants.

(3)

The landlord will be deemed not to consent to the giving of a direction under section 39(9) of the 1986 Act if the landlord does not respond to the Tribunal within the period specified by the Tribunal.

(4)

Before giving a direction under section 39(10) of the 1986 Act, the Tribunal must ask each applicant whether that applicant agrees to such a direction being given.