UK Statutory Instrument
2018
United Kingdom
The Housing Administration (England and Wales) Rules 2018
At a glance
What's here
48 compliance obligations
Who this Act binds
Plus 17 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 4 other Schedules — structural / supplementary
Service of application for housing administration
Service on joint housing administrators
Certificate of service
Manner in which service to be effected
- Serve housing administration application at least 5 business days before hearing
Notification and advertisement of housing administrator’s appointment
- Notify stakeholders and advertise housing administrator appointment
Ancillary provisions about delivery of housing administrator’s proposals
- Notify creditors, members and regulators of court-ordered extension
Revision of housing administrator’s proposals
Other duties (1) — Crown / regulator
- Send revised proposals to creditors and register within 14 days Statutory regulator
Reporting by the housing administrator
- Housing administrator must prepare and deliver reports
Progress reports
- Housing administrator must prepare and deliver progress reports every 6 months
Contents of progress reports
- Housing administrator must include mandatory content in progress reports
Meetings of the registered provider
Other duties (1) — Crown / regulator
- Call and conduct meetings of the registered provider properly Statutory regulator
Notice requiring statement of affairs and delivery to the housing administrator
- Deliver a statement of affairs to the housing administrator within 11 days
Remote attendance: notification requirements
Other duties (1) — Crown / regulator
- Housing administrator must notify meeting recipients of excluded person rights Statutory regulator
Location of meetings
Other duties (1) — Crown / regulator
- Housing administrator must respond to requests for a meeting location change Statutory regulator
Creditors’ decisions for the nomination of alternative liquidator
Other duties (1) — Crown / regulator
- Housing administrator must seek creditors' nominee for alternative liquidator Crown / Minister / Government department
Orders limiting disclosure of statement of affairs etc
- Housing administrator must deliver court-ordered limited disclosure documents
Publication etc. of statement of affairs and statement of proposals
- Publish notice informing members of statement of proposals
Disposal of charged property
- Housing administrator must notify secured creditors of court hearing for property disposal
Application to extend a housing administration and extension by consent
- Notify creditors, Secretary of State, and Regulator when extending housing administration term
Statement of concurrence
- Deliver a statement of concurrence within 5 business days when required
Moving from housing administration to dissolution
Other duties (1) — Crown / regulator
- Housing administrator must send final progress report and dissolution notice to creditors Statutory regulator
Filing of statement of affairs
Other duties (1) — Crown / regulator
- Housing administrator must file statement of affairs with the registry Statutory regulator
Release from requirement to provide statement of affairs and extension of time
- Apply to court and serve notice if housing administrator refuses your request
Expenses of statement of affairs
- Housing administrator must pay reasonable statement of affairs expenses
Housing administrator’s proposals - additional content
- Housing administrator must include detailed content in proposals to creditors
Application under section 176A(5) to disapply section 176A
Other duties (1) — Crown / regulator
- Housing administrator must support application to skip unsecured creditor distribution Statutory regulator
Notice of an order under section 176A(5)
- Notify creditors of a court order disapplying prescribed part
Applications for transfer
- Housing administrator must provide report when applying to transfer proceedings
Shorthand writers
- Name proposed shorthand writer in court application
Estimate of value of debt
Other duties (1) — Crown / regulator
- Housing administrator must estimate value of contingent debts Crown / Minister / Government department
Secured creditor: value of security
Other duties (1) — Crown / regulator
- Housing administrator must notify creditors of security revaluation within 5 business days Statutory regulator
Individual notices to creditors etc of intended dividend or distribution
Other duties (1) — Crown / regulator
- Notify creditors of intended dividend or distribution Crown / Minister / Government department
Gazette notice of intended first dividend or distribution
- Publish Gazette notice of intended first dividend
Admission or rejection of proofs following last date for proving
Other duties (1) — Crown / regulator
- Housing administrator must decide on proofs of debt within 14 days of deadline Statutory regulator
Declaration of dividend
- Declare dividend within two months and handle pending proof applications
Notice of no dividend, or no further dividend
- Housing administrator must notify creditors of no dividend
Sole or final dividend
- Pay outstanding expenses and declare final dividend
Provisions as to dividends
Other duties (1) — Crown / regulator
- Housing administrator must reserve for disputed claims when calculating dividend Crown / Minister / Government department
Assignment of right to dividend
Other duties (1) — Crown / regulator
- Housing administrator must pay dividend to assignee upon notice Crown / Minister / Government department
Reporting distribution of property to creditors under rule 5.13
- Report estimated value of property distributed to creditors
Allowing inspection of proofs
- Allow inspection of proofs by creditors and members
Admission and rejection of proofs for dividend
Other duties (1) — Crown / regulator
- Housing administrator must give reasons when rejecting a creditor's proof for dividend Statutory regulator
Appeal against decision on proof
- Appeal housing administrator's proof decision within 21 days
Basis of remuneration
Other duties (1) — Crown / regulator
- Pay housing administrator remuneration based on time spent Crown / Minister / Government department
Notice of intention to resign
- Housing administrator must give notice before resigning
Electronic delivery by housing administrators
- Provide a hard copy of electronic documents within 5 business days if requested
Right to list of creditors
- Housing administrator must provide list of creditors on request
Use of website by housing administrator to deliver a particular document
- Deliver documents by website notice with hard copy option
Delivery to the creditors and opting out
- Send documents to all creditors except those who have opted out
Housing administrator to provide information to creditors on opting-out
Other duties (1) — Crown / regulator
- Tell creditors in writing they can opt out of receiving documents Statutory regulator
Relevant registry: cover sheets
- Housing administrator must include cover sheet with certain documents to the registry
Browse 162 other sections — procedural / definitional / commencement
Citation and commencement
Application
Interpretation
Punishment of Offences
Review
Commencement of housing administration proceedings
The order
Notice of housing administration order
Form of application
Contents of application and witness statement
Filing of application
Service of application
Notice to enforcement agents charged with distress or other legal process, etc.
Proof of service
The hearing
Final progress report
Information about pre-administration costs
Application of Chapter 5 to meetings of the registered provider
Nature of meetings
Chair of the meeting
Action where person excluded
Indication to excluded person
Complaint
Application of Chapter 6 to creditors’ decisions
Creditors’ decisions
Decision making
Content of statement of affairs
Application of Chapter 7
Order for disclosure
Recission or amendment of order for limited disclosure
Expenses
Order of priority
Notice of automatic end of administration
Application for an order ending housing administration
Notice of court order ending housing administration
Moving from housing administration to creditors’ voluntary winding up
Statement of pre-administration costs
Court rules and practice to apply
Hearings and determination without notice
Adjournment of the hearing of an application
Notice of an application under section 176A(5)
Contents of application to the court under section 236 of the Act
Order for examination etc
Procedure for examination
Record of examination
Costs of proceedings under section 236 of the Act
Performance of functions by the Court
Further information and disclosure
Witness statements and reports
Evidence provided by the housing administrator
General power of transfer
Proceedings commenced in the wrong court
Procedure following order for transfer
Court file
Office copies of documents
Application of Chapter and interpretation
Preliminary
Requirement to assess costs by the detailed procedure
Procedure where detailed assessment is required
Costs paid otherwise than out of the assets of the registered provider
Award of costs against the housing administrator
Applications for costs
Costs and expenses of witnesses
Final costs certificate
Enforcement of court orders
Orders enforcing compliance
Warrants under section 236
Form and content of application
Application of Chapter
Appeals and reviews of housing administration orders
Procedure on appeal
Court orders
Formal defects
Filing of application
Fixing the venue
Service or delivery of application
Hearing in urgent case
Directions
Interpretation
Withdrawal or variation of proof
Exclusion of proof by the court
Debts of registered providers to rank equally
Division of unsold assets
Secured creditor: surrender for non-disclosure
Secured creditor: redemption by housing administrator
Secured creditor: test of security’s value
Realisation or surrender of security by creditor
Provable debts
Discounts
Debts in foreign currency
Payments of a periodical nature
Interest
Mutual dealings and set-off
Application of Chapter to particular class of creditors and to distributions
Contents of notice of intention to declare a dividend or make a distribution
Further contents of notice to creditors owed small debts etc.
Proving a debt
Postponement or cancellation of dividend
Notice of declaration of a dividend
Supplementary provisions as to dividends
Secured creditors
Disqualification from dividend
Requirements for proof
Debt payable at future time
Non payment of dividend
Costs of proving
Housing administrator not liable for costs under rule 5.8
Grounds for resignation
Pre-administration costs
Remuneration of former housing administrator
Remuneration of new housing administrator
Notice of resignation
Application to court to remove housing administrator from office
Notice of vacation of office when housing administrator ceases to be qualified to act
Deceased housing administrator
Application to replace
Appointment of a replacement or additional housing administrator
Housing administrator’s duties on vacating office
Calculation of time periods
Standard contents of documents relating to the office of housing administrator
Standard contents of documents relating to other documents
Standard contents of documents relating to court orders
Standard contents of notices to be delivered to persons other than the relevant registry
Standard contents of all notices
Standard contents of notice relating to the office of housing administrator
Standard contents of notices relating to documents
Standard contents of notices relating to court proceedings or orders
Standard contents of returns or reports of decisions
Standard contents of notices of the results of decisions
Notices or statements in writing
Standard contents of documents relating to other events
Application of Chapter
Delivery of documents to authorised recipients
Delivery of documents to joint housing administrators
Postal delivery of documents
Delivery by document exchange
Personal delivery of documents
Electronic delivery of documents
Electronic delivery of notices to enforcement officers
Electronic delivery of documents to the court
Authentication
Proof of delivery of documents
Delivery of proofs and details of claims
Right to copy documents
Charges for copies of documents provided by the housing administrator
Offence in relation to inspection of documents
Confidentiality of documents – grounds for refusing inspection
Proposed housing administrator’s statement and consent to act
Information required to identify persons and proceedings etc.
General use of website to deliver documents
Retention period for documents made available on websites
Contents of notices to be gazetted under the Act or Rules
Standard contents of all notices
Gazette – as evidence, variations and errors
Standard contents of notices advertised otherwise than in the Gazette
Non-Gazette notices relating to a registered provider
Non-Gazette notices – other provisions
Creditor’s election to opt out
Prescribed format of documents
Variations from prescribed contents
Standard contents for documents delivered to the relevant registry
Standard contents of all documents to be delivered to the relevant registry
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