UK Statutory Instrument SI 2018/719 United Kingdom

The Housing Administration (England and Wales) Rules 2018

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Prosecution 1 of 50 obligations carry an unlimited fine. 49 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Director or Officer27 Responsible Person2 Any Person2 Applicant1 Trader1

Plus 17 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties
Responsible Person — also bound by 108 other Acts
MH(CT)(S)A 2003 30 duties
Any Person — also bound by 2340 other Acts
Applicant — also bound by 307 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.art002 Manner in which service to be effected Regulated
  • Serve housing administration application at least 5 business days before hearingApplicant
s.art003 Notification and advertisement of housing administrator’s appointment Regulated
  • Notify stakeholders and advertise housing administrator appointmentDirector or Officer
s.art003 Ancillary provisions about delivery of housing administrator’s proposals Regulated
  • Notify creditors, members and regulators of court-ordered extensionDirector or Officer
s.art003 Revision of housing administrator’s proposals Regulated
Other duties (1) — Crown / regulator
  • Send revised proposals to creditors and register within 14 daysStatutory regulator
s.art003 Reporting by the housing administrator Regulated
  • Housing administrator must prepare and deliver reportsDirector or Officer
s.art003 Progress reports Regulated
  • Housing administrator must prepare and deliver progress reports every 6 monthsDirector or Officer
s.art003 Contents of progress reports Regulated
  • Housing administrator must include mandatory content in progress reportsDirector or Officer
s.art003 Meetings of the registered provider Regulated
Other duties (1) — Crown / regulator
  • Call and conduct meetings of the registered provider properlyStatutory regulator
s.art003 Notice requiring statement of affairs and delivery to the housing administrator Regulated
  • Deliver a statement of affairs to the housing administrator within 11 daysAny Person
s.art003 Remote attendance: notification requirements Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must notify meeting recipients of excluded person rightsStatutory regulator
s.art003 Location of meetings Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must respond to requests for a meeting location changeStatutory regulator
s.art003 Creditors’ decisions for the nomination of alternative liquidator Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must seek creditors' nominee for alternative liquidatorCrown / Minister / Government department
s.art003 Orders limiting disclosure of statement of affairs etc Regulated
  • Housing administrator must deliver court-ordered limited disclosure documentsDirector or Officer
s.art003 Publication etc. of statement of affairs and statement of proposals Regulated
  • Publish notice informing members of statement of proposalsDirector or Officer
s.art003 Disposal of charged property Regulated
  • Housing administrator must notify secured creditors of court hearing for property disposalDirector or Officer
s.art003 Application to extend a housing administration and extension by consent Regulated
  • Notify creditors, Secretary of State, and Regulator when extending housing administration termDirector or Officer
s.art003 Statement of concurrence Regulated
  • Deliver a statement of concurrence within 5 business days when requiredResponsible Person
s.art003 Moving from housing administration to dissolution Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must send final progress report and dissolution notice to creditorsStatutory regulator
s.art003 Filing of statement of affairs Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must file statement of affairs with the registryStatutory regulator
s.art003 Release from requirement to provide statement of affairs and extension of time Regulated
  • Apply to court and serve notice if housing administrator refuses your requestResponsible Person
s.art003 Expenses of statement of affairs Regulated
  • Housing administrator must pay reasonable statement of affairs expensesDirector or Officer
s.art003 Housing administrator’s proposals - additional content Regulated
  • Housing administrator must include detailed content in proposals to creditorsDirector or Officer
s.art004 Application under section 176A(5) to disapply section 176A Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must support application to skip unsecured creditor distributionStatutory regulator
s.art004 Notice of an order under section 176A(5) Regulated
  • Notify creditors of a court order disapplying prescribed partDirector or Officer
s.art004 Applications for transfer Regulated
  • Housing administrator must provide report when applying to transfer proceedingsDirector or Officer
s.art004 Shorthand writers Regulated
  • Name proposed shorthand writer in court applicationDirector or Officer
s.art005 Estimate of value of debt Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must estimate value of contingent debtsCrown / Minister / Government department
s.art005 Secured creditor: value of security Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must notify creditors of security revaluation within 5 business daysStatutory regulator
s.art005 Individual notices to creditors etc of intended dividend or distribution Regulated
Other duties (1) — Crown / regulator
  • Notify creditors of intended dividend or distributionCrown / Minister / Government department
s.art005 Gazette notice of intended first dividend or distribution Regulated
  • Publish Gazette notice of intended first dividendDirector or Officer
s.art005 Admission or rejection of proofs following last date for proving Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must decide on proofs of debt within 14 days of deadlineStatutory regulator
s.art005 Declaration of dividend Regulated
  • Declare dividend within two months and handle pending proof applicationsDirector or Officer
s.art005 Notice of no dividend, or no further dividend Regulated
  • Housing administrator must notify creditors of no dividendDirector or Officer
s.art005 Sole or final dividend Regulated
  • Pay outstanding expenses and declare final dividendDirector or Officer
s.art005 Provisions as to dividends Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must reserve for disputed claims when calculating dividendCrown / Minister / Government department
s.art005 Assignment of right to dividend Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must pay dividend to assignee upon noticeCrown / Minister / Government department
s.art005 Reporting distribution of property to creditors under rule 5.13 Regulated
  • Report estimated value of property distributed to creditorsDirector or Officer
s.art005 Allowing inspection of proofs Regulated
  • Allow inspection of proofs by creditors and membersDirector or Officer
s.art005 Admission and rejection of proofs for dividend Regulated
Other duties (1) — Crown / regulator
  • Housing administrator must give reasons when rejecting a creditor's proof for dividendStatutory regulator
s.art005 Appeal against decision on proof Regulated
  • Appeal housing administrator's proof decision within 21 daysTrader
s.art006 Basis of remuneration Regulated
Other duties (1) — Crown / regulator
  • Pay housing administrator remuneration based on time spentCrown / Minister / Government department
s.art006 Notice of intention to resign Regulated
  • Housing administrator must give notice before resigningDirector or Officer
s.art006 Housing administrator’s duties on vacating office Prosecution
  • Fail to hand over assets and records when leaving housing administrator officeAny Person

Unlimited fine

s.art007 Electronic delivery by housing administrators Regulated
  • Provide a hard copy of electronic documents within 5 business days if requestedDirector or Officer
s.art007 Right to list of creditors Regulated
  • Housing administrator must provide list of creditors on requestDirector or Officer
s.art007 Use of website by housing administrator to deliver a particular document Regulated
  • Deliver documents by website notice with hard copy optionDirector or Officer
s.art007 Standard contents of all notices Regulated
  • Include required details in all housing administration noticesDirector or Officer
s.art007 Delivery to the creditors and opting out Regulated
  • Send documents to all creditors except those who have opted outDirector or Officer
s.art007 Housing administrator to provide information to creditors on opting-out Regulated
Other duties (1) — Crown / regulator
  • Tell creditors in writing they can opt out of receiving documentsStatutory regulator
s.art007 Relevant registry: cover sheets Regulated
  • Housing administrator must include cover sheet with certain documents to the registryDirector or Officer
160 other provisions — procedural and definitional
s.art001 Citation and commencement
s.art001 Application
s.art001 Interpretation
s.art001 Punishment of Offences
s.art001 Review
s.art002 Commencement of housing administration proceedings
s.art002 The order
s.art002 Notice of housing administration order
s.art002 Form of application
s.art002 Contents of application and witness statement
s.art002 Filing of application
s.art002 Service of application
s.art002 Notice to enforcement agents charged with distress or other legal process, etc.
s.art002 Proof of service
s.art002 The hearing
s.art003 Final progress report
s.art003 Information about pre-administration costs
s.art003 Application of Chapter 5 to meetings of the registered provider
s.art003 Nature of meetings
s.art003 Chair of the meeting
s.art003 Action where person excluded
s.art003 Indication to excluded person
s.art003 Complaint
s.art003 Application of Chapter 6 to creditors’ decisions
s.art003 Creditors’ decisions
s.art003 Decision making
s.art003 Content of statement of affairs
s.art003 Application of Chapter 7
s.art003 Order for disclosure
s.art003 Recission or amendment of order for limited disclosure
s.art003 Expenses
s.art003 Order of priority
s.art003 Notice of automatic end of administration
s.art003 Application for an order ending housing administration
s.art003 Notice of court order ending housing administration
s.art003 Moving from housing administration to creditors’ voluntary winding up
s.art003 Statement of pre-administration costs
s.art004 Court rules and practice to apply
s.art004 Hearings and determination without notice
s.art004 Adjournment of the hearing of an application
s.art004 Notice of an application under section 176A(5)
s.art004 Contents of application to the court under section 236 of the Act
s.art004 Order for examination etc
s.art004 Procedure for examination
s.art004 Record of examination
s.art004 Costs of proceedings under section 236 of the Act
s.art004 Performance of functions by the Court
s.art004 Further information and disclosure
s.art004 Witness statements and reports
s.art004 Evidence provided by the housing administrator
s.art004 General power of transfer
s.art004 Proceedings commenced in the wrong court
s.art004 Procedure following order for transfer
s.art004 Court file
s.art004 Office copies of documents
s.art004 Application of Chapter and interpretation
s.art004 Preliminary
s.art004 Requirement to assess costs by the detailed procedure
s.art004 Procedure where detailed assessment is required
s.art004 Costs paid otherwise than out of the assets of the registered provider
s.art004 Award of costs against the housing administrator
s.art004 Applications for costs
s.art004 Costs and expenses of witnesses
s.art004 Final costs certificate
s.art004 Enforcement of court orders
s.art004 Orders enforcing compliance
s.art004 Warrants under section 236
s.art004 Form and content of application
s.art004 Application of Chapter
s.art004 Appeals and reviews of housing administration orders
s.art004 Procedure on appeal
s.art004 Court orders
s.art004 Formal defects
s.art004 Filing of application
s.art004 Fixing the venue
s.art004 Service or delivery of application
s.art004 Hearing in urgent case
s.art004 Directions
s.art005 Interpretation
s.art005 Withdrawal or variation of proof
s.art005 Exclusion of proof by the court
s.art005 Debts of registered providers to rank equally
s.art005 Division of unsold assets
s.art005 Secured creditor: surrender for non-disclosure
s.art005 Secured creditor: redemption by housing administrator
s.art005 Secured creditor: test of security’s value
s.art005 Realisation or surrender of security by creditor
s.art005 Provable debts
s.art005 Discounts
s.art005 Debts in foreign currency
s.art005 Payments of a periodical nature
s.art005 Interest
s.art005 Mutual dealings and set-off
s.art005 Application of Chapter to particular class of creditors and to distributions
s.art005 Contents of notice of intention to declare a dividend or make a distribution
s.art005 Further contents of notice to creditors owed small debts etc.
s.art005 Proving a debt
s.art005 Postponement or cancellation of dividend
s.art005 Notice of declaration of a dividend
s.art005 Supplementary provisions as to dividends
s.art005 Secured creditors
s.art005 Disqualification from dividend
s.art005 Requirements for proof
s.art005 Debt payable at future time
s.art005 Non payment of dividend
s.art005 Costs of proving
s.art005 Housing administrator not liable for costs under rule 5.8
s.art006 Grounds for resignation
s.art006 Pre-administration costs
s.art006 Remuneration of former housing administrator
s.art006 Remuneration of new housing administrator
s.art006 Notice of resignation
s.art006 Application to court to remove housing administrator from office
s.art006 Notice of vacation of office when housing administrator ceases to be qualified to act
s.art006 Deceased housing administrator
s.art006 Application to replace
s.art006 Appointment of a replacement or additional housing administrator
s.art007 Calculation of time periods
s.art007 Standard contents of documents relating to the office of housing administrator
s.art007 Standard contents of documents relating to other documents
s.art007 Standard contents of documents relating to court orders
s.art007 Standard contents of notices to be delivered to persons other than the relevant registry
s.art007 Standard contents of all notices
s.art007 Standard contents of notice relating to the office of housing administrator
s.art007 Standard contents of notices relating to documents
s.art007 Standard contents of notices relating to court proceedings or orders
s.art007 Standard contents of returns or reports of decisions
s.art007 Standard contents of notices of the results of decisions
s.art007 Notices or statements in writing
s.art007 Standard contents of documents relating to other events
s.art007 Application of Chapter
s.art007 Delivery of documents to authorised recipients
s.art007 Delivery of documents to joint housing administrators
s.art007 Postal delivery of documents
s.art007 Delivery by document exchange
s.art007 Personal delivery of documents
s.art007 Electronic delivery of documents
s.art007 Electronic delivery of notices to enforcement officers
s.art007 Electronic delivery of documents to the court
s.art007 Authentication
s.art007 Proof of delivery of documents
s.art007 Delivery of proofs and details of claims
s.art007 Right to copy documents
s.art007 Charges for copies of documents provided by the housing administrator
s.art007 Offence in relation to inspection of documents
s.art007 Confidentiality of documents – grounds for refusing inspection
s.art007 Proposed housing administrator’s statement and consent to act
s.art007 Information required to identify persons and proceedings etc.
s.art007 General use of website to deliver documents
s.art007 Retention period for documents made available on websites
s.art007 Contents of notices to be gazetted under the Act or Rules
s.art007 Gazette – as evidence, variations and errors
s.art007 Standard contents of notices advertised otherwise than in the Gazette
s.art007 Non-Gazette notices relating to a registered provider
s.art007 Non-Gazette notices – other provisions
s.art007 Creditor’s election to opt out
s.art007 Prescribed format of documents
s.art007 Variations from prescribed contents
s.art007 Standard contents for documents delivered to the relevant registry
s.art007 Standard contents of all documents to be delivered to the relevant registry
Schedules

Schedules

0 of 4 shown
4 other schedules
s.sch002 (1) This Schedule sets out the requirements for service where...
s.sch002 Service of application for housing administration
s.sch002 Service on joint housing administrators
s.sch002 Certificate of service

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.