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The Housing Administration (England and Wales) Rules 2018

Type Statutory-Instrument

Publication 2018-06-12

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) The notice declaring a dividend may be delivered at the same time as the dividend is distributed.

(3) The notice must include the following in relation to the housing administration proceedings—

(a) the amounts raised from the sale of assets, indicating (so far as practicable) amounts raised by the sale of particular assets;

(b) the payments made by the housing administrator in carrying out the housing administrator’s functions;

(d) the total amount to be distributed and the rate of dividend; and

(e) whether, and if so when, any further dividend is to be expected.

(4) Where the housing administrator declares a dividend for preferential creditors only, the notice under paragraph (1) need only be delivered to those preferential creditors who have proved for their debts.

Notice of no dividend, or no further dividend

5.34

(1) This rule applies where the housing administrator is unable to declare any dividend or (as the case may be) any further dividend.

(2) In such a case, the housing administrator must deliver a notice, containing a statement to the effect that either—

(a) no funds have been realised; or

(b) the funds realised have already been distributed or used or allocated for paying the expenses of the housing administration.

(3) The information required by paragraph (2) may be contained in a progress report.

Sole or final dividend

5.35

(1) Where it is intended that the distribution is to be a sole or final dividend, after the date specified as the last date for proving in the notice under rule 5.26, the housing administrator must—

(a) pay any outstanding pre-administration expenses;

(b) pay any items payable in accordance with the provisions of paragraph 99 of Schedule B1[^f00035];

(c) pay any amount outstanding (including debts or liabilities and the housing administrator’s own remuneration and expenses) which would, if the housing administrator were to cease to be the housing administrator of the registered provider, be payable out of the property of which the housing administrator had custody or control in accordance with the provisions of paragraph 99 of Schedule B1; and

(d) declare and distribute that dividend without regard to the claim of any person in respect of a debt not already proved.

(2) The reference in paragraph (1)(d) to debts that have not been proved does not include small debts treated as proved by the housing administrator.

(3) The court may, on the application of any person, postpone the date specified in the notice under rule 5.26.

Provisions as to dividends

5.36

In the calculation and distribution of a dividend, the housing administrator must make provision for—

(a) any debts which are the subject of claims which have not yet been determined; and

(b) disputed proofs and claims.

Supplementary provisions as to dividends

5.37

(1) A creditor is not entitled to disturb the payment of any dividend or the making of any distribution because—

(a) the amount claimed in the creditor’s proof is increased after payment of the dividend; or

(b) the creditor did not prove for a debt before the declaration of the dividend.

(2) However the creditor is entitled to be paid a dividend or receive a distribution which the creditor has failed to receive out of any money for the time being available for the payment of a further dividend or making a further distribution.

(3) Such a dividend must be paid or distribution made before that money is applied to the payment of any further dividend or the making of any further distribution.

(4) If, after a creditor’s proof has been admitted, the proof is withdrawn or excluded, or the amount of it is reduced, the creditor is liable to repay to the housing administrator, for the credit of the registered provider’s estate, any amount overpaid by way of dividend.

Secured creditors

5.38

(1) The following applies where a creditor alters the value of a security after a dividend has been declared.

(2) If the alteration reduces the creditor’s unsecured claim ranking for dividend, the creditor must as soon as reasonably practicable repay to the housing administrator, for the credit of the registered provider’s estate, any amount received by the creditor as dividend in excess of that to which the creditor would be entitled, having regard to the alteration of the value of the security.

(3) If the alteration increases the creditor’s unsecured claim, the creditor is entitled to receive from the housing administrator, out of any money for the time being available for the payment of a further dividend, before any such further dividend is paid, any dividend or dividends which the creditor has failed to receive, having regard to the alteration of the value of the security.

(4) The creditor is not entitled to disturb any dividend declared (whether or not distributed) before the date of the alteration.

Disqualification from dividend

5.39

If a creditor contravenes any provision of the Act or these Rules relating to the valuation of securities, the court may, on the application of the housing administrator, order that the creditor be wholly or partly disqualified from participation in any dividend.

Assignment of right to dividend

5.40

(1) If a person entitled to a dividend (“the entitled person”) delivers notice to the housing administrator that the entitled person wishes the dividend to be paid to another person, or that the entitled person has assigned the entitlement to another person, the housing administrator must pay the dividend to that other person accordingly.

(2) A notice delivered under this rule must specify the name and address of the person to whom payment is to be made.

Debt payable at future time

5.41

(1) Where a creditor has proved for a debt of which payment is not due at the date of the declaration of a dividend, the creditor is entitled to the dividend equally with other creditors, but subject as follows.

(2) For the purpose of the dividend (and no other purpose) the amount of the creditor’s admitted proof must be discounted by applying the following formula—

$$X 1.05 n$ where— “X” is the value of the admitted proof; and “n” is the period beginning with the relevant date and ending with the date on which the payment of the creditor’s debt would otherwise be due, expressed in years (part of a year being expressed as a decimal fraction of a year).$

Non payment of dividend

5.42

(1) No action lies against a housing administrator for payment of a dividend.

(2) However, if the housing administrator refuses to pay a dividend the court may, if it thinks just, order the housing administrator to pay it and also to pay, out of the housing administrator’s own money—

(a) interest on the dividend, at the rate for the time being specified in section 17 of the Judgments Act 1838, from the time when it was withheld; and

(b) the costs of the proceedings in which the order to pay is made.

Reporting distribution of property to creditors under rule 5.13

5.43

(1) This rule applies where there has been a distribution of property to creditors under rule 5.13.

(2) In any account or summary of receipts and payments which is required to be included in a notice or report prepared under a rule listed in paragraph (3), the housing administrator must—

(a) state the estimated value of the property divided among the creditors of the registered provider during the period to which the account or summary relates; and

(b) provide details of the basis of the valuation as a note to the account or summary of receipts and payments.

(3) Paragraph (2) applies to the following—

(a) rule 3.13 (progress reports); and

(b) rule 6.2 (notice of intention to resign).

PART 6 — THE HOUSING ADMINISTRATOR

CHAPTER 1 — Replacing the Housing Administrator

Grounds for resignation

6.1

(1) The housing administrator may resign—

(a) on grounds of ill health;

(b) because of the intention to cease to practise as an insolvency practitioner; or

(i) a conflict of interest; or

(ii) a change of personal circumstances.

(2) The housing administrator may, with the permission of the court, resign on other grounds.

Notice of intention to resign

6.2

(1) The housing administrator must give at least five business days’ notice of intention—

(a) to resign in a case falling within rule 6.1(1); or

(b) to apply for the court’s permission to resign in a case falling within rule 6.1(2).

(2) The notice must contain—

(a) identification details for the proceedings; and

(b) the date of appointment of the housing administrator.

(3) The notice must also contain—

(a) the date with effect from which the housing administrator intends to resign; or

(b) where permission of the court is required under rule 6.1(2), the date on which the housing administrator intends to file with the court an application for permission to resign.

(4) Notice must be delivered to—

(a) the Secretary of State;

(b) the Regulator of Social Housing;

(c) if there is a continuing housing administrator of the registered provider, to that continuing housing administrator; and

(d) if there is no such continuing housing administrator, to—

(i) the registered provider, and

(ii) all the registered provider’s creditors, including any floating charge holders.

(5) The notice must be accompanied by a summary of the housing administrator’s receipts and payments.

Notice of resignation

6.3

(1) A resigning housing administrator must, within five business days of delivering the notice under paragraph 87(2) of Schedule B1, deliver a copy of the notice to—

(a) the relevant registry;

(b) all persons to whom notice of intention to resign was delivered under rule 6.2.

(2) The notice must contain—

(a) identification details for the proceedings;

(b) the date of the appointment of the housing administrator; and

(3) The notice must state—

(a) the date from which the resignation is to have effect; and

(b) where the resignation is with the permission of the court, the date on which permission was given.

Application to court to remove housing administrator from office

6.4

(1) An application for an order under paragraph 88 of Schedule B1 that the housing administrator be removed from office must state the grounds on which the order is requested.

(2) A copy of the application must be delivered, not less than five business days before the date fixed for the hearing—

(a) to the housing administrator;

(b) to the person who made the housing administration application;

(d) where there is no other housing administrator appointed to act jointly or concurrently, to the registered provider and all the creditors, including any floating charge holders.

(3) The court must deliver to the applicant a copy of an order removing the housing administrator.

(4) The applicant must deliver a copy of the order—

(a) as soon as reasonably practicable, and in any event within five business days of the copy order being delivered to the applicant, to the housing administrator, and

(b) within five business days of the copy order being delivered to the applicant, to—

(i) all other persons to whom notice of the application was delivered; and

(ii) the relevant registry.

Notice of vacation of office when housing administrator ceases to be qualified to act

6.5

A housing administrator who has ceased to be qualified to act as an insolvency practitioner in relation to the registered provider and who gives notice in accordance with paragraph 89 of Schedule B1 must also deliver notice to—

(a) the Secretary of State;

(b) the Regulator of Social Housing;

Deceased housing administrator

6.6

(1) If the housing administrator dies, notice of the fact and date of death must be filed with the court.

(2) The notice must be filed as soon as reasonably practicable by one of the following—

(a) a surviving joint housing administrator;

(b) a member of the deceased housing administrator’s firm (if the deceased was a member or employee of a firm);

(c) an officer of the deceased housing administrator’s company (if the deceased was an officer or employee of a company);

(d) a personal representative of the deceased housing administrator.

(3) If such a notice has not been filed within the 21 days following the housing administrator’s death then any other person may file the notice.

(4) The person who files the notice must also deliver a notice to the relevant registry which contains—

(a) identification details for the proceedings;

(b) the name of the person who made the housing administration application;

(d) the fact and date of death.

Application to replace

6.7

(1) Where an application to court is made under paragraph 91(1) of Schedule B1 to appoint a replacement housing administrator, the application must be accompanied by the proposed replacement housing administrator’s consent to act.

(2) A copy of the application must be delivered—

(a) to the person who made the application for the housing administration order; and

(b) to those persons set out at rule 2.5(3).

(3) Rules 2.9, 2.10 and 2.11 apply to an application made under paragraph 91(1) of Schedule B1 as they apply to an application for a housing administration order.

Appointment of a replacement or additional housing administrator

6.8

Where a replacement housing administrator is appointed or an additional housing administrator is appointed to act jointly or concurrently—

(a) rule 3.1 applies;

(b) all documents must clearly identify the appointment as of a replacement housing administrator or an additional housing administrator appointed to act jointly or concurrently.

Housing administrator’s duties on vacating office

6.9

(1) A housing administrator who ceases to be in office as a result of removal, resignation or ceasing to be qualified to act as an insolvency practitioner in relation to the registered provider must as soon as reasonably practicable deliver to the person succeeding as housing administrator—

(a) the assets (after deduction of any expenses properly incurred and distributions made by the departing housing administrator);

(b) the records of the housing administration, including correspondence, proofs and other documents relating to the housing administration while it was within the responsibility of the departing housing administrator; and

(2) A housing administrator who fails to comply with this rule is guilty of an offence and liable to a fine and, for continued contravention, to a daily default fine, as set out in Schedule 1.

CHAPTER 2 — Remuneration and expenses

Basis of remuneration

6.10

(1) A housing administrator is entitled to receive remuneration for services provided as housing administrator.

(2) The basis of such remuneration is to be fixed by reference to the time properly given by the housing administrator and the housing administrator’s staff in attending to matters arising in the housing administration.

(3) The housing administrator’s remuneration must, on the housing administrator’s application, be fixed by the court.

(4) The housing administrator must give at least 14 days’ notice of the application made under paragraph (3) to the following who may appear or be represented—

(a) the Secretary of State;

(b) the Regulator of Social Housing; and

(5) In fixing the remuneration, the court must have regard to the following matters—

(a) the complexity (or otherwise) of the case;

(b) any respects in which, in connection with a registered provider’s affairs, there falls on the housing administrator any responsibility of an exceptional kind or degree;

(c) the effectiveness with which the housing administrator appears to be carrying out, or to have carried out, the housing administrator’s duties as such; and

(d) the value and nature of the property with which the housing administrator has had to deal.

(6) Where there are joint housing administrators, it is for them to agree between themselves as to how the remuneration payable should be apportioned and any dispute arising between them may be referred to the court, for settlement by order.

(7) If the housing administrator is a solicitor and employs the housing administrator’s own firm, or any partner in it, to act on behalf of the registered provider, profit costs must not be paid unless this is authorised by the court.

Pre-administration costs

6.11

Where the housing administrator has made a statement of pre-administration costs under rule 3.8(10)(a), the housing administrator (where the costs consist of fees charged or expenses incurred by the housing administrator) or other insolvency practitioner (where the costs consist of fees charged or expenses incurred by that practitioner) must, before paying such costs, apply to the court for a determination of whether and to what extent the unpaid pre-administration costs are approved for payment.

Remuneration of former housing administrator

6.12

If a housing administrator has ceased to act as such for any reason, the housing administrator (or the housing administrator’s estate, as the case may be) is to be entitled to any amounts outstanding on the basis of the services which that housing administrator provided in accordance with rule 6.10.

Remuneration of new housing administrator

6.13

If a new housing administrator is appointed in place of another housing administrator, any court order in effect under Rule 6.10 immediately before the former housing administrator ceased to hold office continues to apply in respect of the remuneration of the new housing administrator until a further court order is made in accordance with those provisions.

PART 7 — TIME, RULES ABOUT DOCUMENTS AND INTERPRETATION

CHAPTER 1 — Time

Calculation of time periods

7.1

(1) The rules in CPR 2.8[^f00036] with the exception of paragraph (4) apply for the calculation of periods expressed in days in the Act and these Rules.

(2) The calculation of the beginning and end of a period expressed in months is to be determined as follows—

(a) if the beginning of the period is specified—

(i) the month in which the period ends is the specified number of months after the month in which it begins, and

(ii) the date in the month on which the period ends is—

(aa) the day before the date corresponding to the date in the month on which it begins, or

(bb) if there is no such date in the month on which it ends, the last day of that month;

(b) if the end of the period is specified—

(i) the month in which the period begins is the specified number of months before the month in which it ends, and

(ii) the date in the month on which the period begins is—

(aa) the day after the date corresponding to the date in the month on which it ends; or

(bb) if there is no such date in the month in which it begins, the last day of that month.

(3) The provisions of CPR 3.1(2)(a)[^f00037] apply so as to enable the court to extend or shorten the time for compliance with anything required or authorised to be done by these Rules.

(4) Paragraph 3 is subject to any time limits expressly stated in the Act and to any specific powers in the Act or these Rules to extend or shorten the time for compliance.

CHAPTER 2 — Form and content of documents

Notices or statements in writing

7.2

(1) A notice or statement must be in writing unless the Act or these Rules provide otherwise.

(2) A document in electronic form must be capable of being—

(a) read by the recipient in electronic form; and

(b) reproduced by the recipient in hard-copy form.

Authentication

7.3

(1) A document in electronic form is sufficiently authenticated—

(a) if the identity of the sender is confirmed in a manner specified by the recipient; or

(b) where the recipient has not so specified, if the communication contains or is accompanied by a statement of the identity of the sender and the recipient has no reason to doubt the truth of that statement.

(2) A document in hard-copy form is sufficiently authenticated if it is signed.

(3) If a document is authenticated by the signature of an individual on behalf of—

(a) a body of persons, the document must also state the position of that individual in relation to the body;

(b) a body corporate of which the individual is the sole member, the document must also state that fact.

Information required to identify persons and proceedings etc.

7.4

(1) Where the Act or these Rules require a document to identify, or to contain identification details in respect of, a person or proceedings the information as follows must be given—

(a) for a registered provider which is the subject of the proceedings—

(i) the name or names, number and address with which that provider is registered with the Regulator of Social Housing,

(ii) the name and number with which it is registered at a relevant registry, if any;

(iii) for a registered provider which is a company incorporated outside the United Kingdom, the country or territory in which it is incorporated;

(b) for a company other than one which is the subject of the proceedings, the appropriate details set out at (a)(ii) or (iii);

(i) the name of the housing administrator;

(ii) a postal address for the housing administrator; and

(iii) either an email address, or a telephone number, through which the housing administrator can be contacted;

(d) for the proceedings—

(i) information identifying the registered provider;

(ii) the full name of the court or hearing centre in which the proceedings are, or are to be, conducted or where documents relating to the proceedings have been or will be filed; and if applicable

(iii) any number assigned by the court or by the hearing centre to those proceedings.

Prescribed format of documents

7.5

(1) Where a rule sets out requirements as to the contents of any document any title required by the rule must appear at the beginning of the document.

(2) Any other contents required by the rule (or rules where more than one apply to a particular document) must be provided in the order listed in the rule (or rules) or in another order which the maker of the document considers would be convenient for the intended recipient.

Variations from prescribed contents

7.6

Where a rule sets out the required contents of a document, the document may depart from the required contents if—

(a) the circumstances require such a departure (including where the requirement is not applicable in the particular case); or

(b) the departure (whether or not intentional) is immaterial.

CHAPTER 3 — Standard contents of documents to be delivered to the relevant registry

Standard contents for documents delivered to the relevant registry

7.7

(1) Where the Act or these Rules require a document to be delivered to the relevant registry the document must contain the standard contents set out in this Chapter (in addition to any content specifically required by the Act or any other provision of these Rules).

(2) A document of more than one type must satisfy the requirements which apply to each.

(3) However requirements as to the contents of a document which is to be delivered to another person at the same time as the relevant registry may be satisfied by delivering to that other person a copy of the document delivered to the relevant registry.

Relevant registry: cover sheets

7.8

(1) This rule applies where the Act or these Rules require a housing administrator to deliver the following documents to the relevant registry—

(a) a court order;

(b) a statement of the housing administrator’s proposals (including a statement of revised proposals);

(d) any report, including—

(i) a final progress report; and

(ii) a progress report.

(2) The housing administrator must deliver to the relevant registry with a document mentioned in paragraph (1) a notice containing the standard contents required by this Part.

(3) Such a notice may relate to more than one document where those documents relate to the same proceedings and are delivered together to the relevant registry.

Standard contents of all documents to be delivered to the relevant registry

7.9

(1) A document to be delivered to the relevant registry must—

(a) identify the registered provider;

(b) state—

(i) the nature of the document,

(ii) the section of the Act, the paragraph of Schedule B1 or the rule under which the document is delivered,

(iii) the date of the document,

(iv) the name and address of the person delivering the document,

(v) the capacity in which that person is acting in relation to the registered provider, and

(2) Where the person delivering the document is the housing administrator the address may be omitted if it has previously been notified to the relevant registry in the proceedings and is unchanged.

Standard contents of documents relating to the office of housing administrator

7.10

(1) A document relating to the office of the housing administrator must also identify the housing administrator and state—

(a) the date of the event of which notice is delivered or of the notice (as applicable);

(b) where the document relates to an appointment, the person, body or court making the appointment;

(d) the contact details for the housing administrator.

(2) Where the person delivering the document is the housing administrator, the address may be omitted if it has previously been notified to the relevant registry in the proceedings and is unchanged.

Standard contents of documents relating to other documents

7.11

A document relating to another document must also state—

(a) the nature of the other document;

(b) the date of the other document; and

Standard contents of documents relating to court orders

7.12

A document relating to a court order must also specify—

(a) the nature of the order; and

(b) the date of the order.

CHAPTER 4 — Standard contents of notices for delivery to other persons etc.

Standard contents of notices to be delivered to persons other than the relevant registry

7.13

(1) Where the Act or these Rules require a notice to be delivered to a person other than the relevant registry in respect of proceedings under the housing administration, the notice must also contain the standard contents set out in this Chapter (in addition to any content specifically required by the Act or another provision of these Rules).

(2) A notice of more than one type must satisfy the requirements which apply to each.

(3) However the requirements in respect of a document which is to be delivered to another person at the same time as the relevant registry may be satisfied by delivering to that other person a copy of the document delivered to the relevant registry.

Standard contents of all notices

7.14

A notice must—

(a) state the nature of the notice;

(b) identify the registered provider;

(d) in the case of a notice delivered by the housing administrator, state the contact details for the housing administrator.

Standard contents of notice relating to the office of housing administrator

7.15

A notice relating to the office of the housing administrator must also identify the housing administrator and state—

(a) the date of the event of which notice is delivered;

(b) where the notice relates to an appointment, the person, body or court making the appointment;

Standard contents of notices relating to documents

7.16

A notice relating to a document must also state—

(a) the nature of the document; and

(b) the date of the document; or

Standard contents of notices relating to court proceedings or orders

7.17

A notice relating to court proceedings must also identify those proceedings and if the notice relates to a court order state—

(a) the nature of the order; and

(b) the date of the order.

Standard contents of returns or reports of decisions

7.18

A return or report of a decision procedure, deemed consent procedure or meeting must also state—

(a) the purpose of the procedure or meeting;

(b) a description of the procedure or meeting used;

(d) whether, in the case of a meeting, the required quorum was in place;

(e) the outcome (including any decisions made or resolutions passed); and

(f) the date of any decision made or resolution passed.

Standard contents of notices of the results of decisions

7.19

A notice of the result of a decision procedure, deemed consent procedure or meeting must also state—

(a) the purpose of the procedure or meeting;

(b) a description of the procedure or meeting used;

(d) whether, in the case of a meeting, the required quorum was in place; and

(e) the outcome (including any decisions made or resolutions passed).

Standard contents of documents relating to other events

7.20

A document relating to any other event must also state—

(a) the nature of the event, including the section of the Act, the paragraph of Schedule B1 or the rule under which it took place; and

(b) the date on which the event occurred.

CHAPTER 5 — Delivery of documents

Application of Chapter

7.21

(1) This Chapter applies where a document is required under the Act or these Rules to be delivered, filed, forwarded, furnished, given, sent or submitted in respect of housing administration proceedings unless the Act, a rule or an order of the court makes different provision, including one requiring service of the document.

(2) However, in respect of delivery of a document to the relevant registry—

(a) subject to sub-paragraph (b) only the following rules in this Chapter apply: rules 7.24, 7.25, 7.26 and 7.28; and

(b) where a document is to be delivered to the registrar of companies, the registrar’s rules under sections 1068 and 1117 of the Companies Act 2006 apply to determine the date when any document is received by the registrar of companies.

Delivery of documents to authorised recipients

7.22

Where under the Act or these Rules a document is to be delivered to a person (other than being served on that person), it may be delivered instead to any other person authorised in writing to accept delivery on behalf of the first-mentioned person.

Delivery of documents to joint housing administrators

7.23

Where joint housing administrators have been appointed, delivery of a document to one of them is to be treated as delivery to all of them.

Postal delivery of documents

7.24

(1) A document is delivered if it is sent by post in accordance with the provisions of this rule.

(2) First class or second class post may be used to deliver a document.

(3) Unless the contrary is shown—

(a) a document sent by first class post is treated as delivered on the second business day after the day on which it is posted;

(b) a document sent by second class post is treated as delivered on the fourth business day after the day on which it is posted;

(c) where a post-mark appears on the envelope in which a document was posted, the date of that post-mark is to be treated as the date on which the document was posted.

(4) In this rule “post-mark” means a mark applied by a postal operator which records the date on which a letter entered the postal system of the postal operator.

Delivery by document exchange

7.25

(1) A document is delivered to a member of a document exchange if it is delivered to that document exchange.

(2) Unless the contrary is shown, a document is treated as delivered to a document exchange—

(a) one business day after the day it is delivered to the document exchange where the sender and the intended recipient are members of the same document exchange; or

(b) two business days after the day it is delivered to the departure facility of the sender’s document exchange where the sender and the intended recipient are members of different document exchanges.

Personal delivery of documents

7.26

A document is delivered if it is personally delivered in accordance with the rules for personal service in CPR Part 6.

Electronic delivery of documents

7.27

(1) A document is delivered if it is sent by electronic means and the following conditions apply.

(2) The conditions are that the intended recipient of the document has—

(a) given actual or deemed consent for the electronic delivery of the document;

(b) not revoked that consent before the document is sent; and

(3) Consent may relate to a specific case or generally.

(4) For the purposes of paragraph (2)(a) an intended recipient is deemed to have consented to the electronic delivery of a document by the housing administrator where the intended recipient and the person who is the subject of the housing administration order had customarily communicated with each other by electronic means before the proceedings commenced.

(5) Unless the contrary is shown, a document is to be treated as delivered by electronic means to an electronic address where the sender can produce a copy of the electronic communication which—

(a) contains the document; and

(b) shows the time and date the communication was sent and the electronic address to which it was sent.

(6) Unless the contrary is shown, a document sent electronically is treated as delivered to the electronic address to which it is sent at 9.00 am on the next business day after it was sent.

Electronic delivery of notices to enforcement officers

7.28

Where anything in the Act or these Rules provides for the delivery of a notice to an enforcement officer or enforcement agent, it may be delivered by electronic means to a person who has been authorised to receive such a notice on behalf of a specified enforcement officer or enforcement agent or on behalf of enforcement officers or enforcement agents generally.

Electronic delivery of documents to the court

7.29

(1) A document may not be delivered to a court by electronic means unless this is expressly permitted by the CPR, a Practice Direction, or these Rules.

(2) A document delivered by electronic means is to be treated as delivered to the court at the time it is recorded by the court as having been received or otherwise as the CPR, a practice direction, or these Rules provide.

Electronic delivery by housing administrators

7.30

(1) Where a housing administrator delivers a document by electronic means, the document must contain—

(a) or be accompanied by, a statement that the recipient may request a hard copy of the document; and

(b) a telephone number, email address and postal address which may be used to make that request.

(2) A housing administrator must deliver a hard copy of the document to the recipient within five business days of receipt of a request.

(3) A housing administrator must not require the person requesting a hard copy to pay a fee for supplying it.

Proof of delivery of documents

7.31

(1) A certificate complying with this rule is proof that a document has been duly delivered to the recipient in accordance with this Chapter unless the contrary is shown.

(2) A certificate must state the method of delivery and the date of the sending, posting or delivery (as the case may be).

(3) In the case of the housing administrator, the certificate must be given by—

(a) the housing administrator;

(b) the housing administrator’s solicitor; or

(4) In the case of a person other than the housing administrator, the certificate must be given by that person and must state—

(a) that the document was delivered by that person; or

(b) that another person (named in the certificate) was instructed to deliver it.

(5) A certificate under this rule may be endorsed on a copy of the document to which it relates.

Delivery of proofs and details of claims

7.32

Once a proof has, or details of a claim have, been delivered to a housing administrator in accordance with these Rules that proof or those details need not be delivered again, and accordingly, where a provision of these Rules requires delivery of a proof or details of a claim by a certain time, that requirement is satisfied if the proof has or the details have already been delivered.

CHAPTER 6 — Inspection of documents, copies and provision of information

Right to copy documents

7.33

Where the Act or these Rules give a person the right to inspect documents, that person has a right to be supplied on request with copies of those documents on payment of the standard fee for copies.

Charges for copies of documents provided by the housing administrator

7.34

Except where prohibited by these Rules, a housing administrator is entitled to require the payment of the standard fee for copies of documents requested by a creditor, member or contributory.

Offence in relation to inspection of documents

7.35

(1) It is an offence for a person who does not have a right under these Rules to inspect a relevant document falsely to claim to be a creditor, a member of a company or other registered provider or a contributory of a company with the intention of gaining sight of the document.

(2) A relevant document is one which is on the court file or held by the housing administrator or any other person and which a member of a company or other registered provider or a contributory of a company has the right to inspect under these Rules.

(3) A person guilty of an offence under this rule is liable to imprisonment or a fine, or both as set out in Schedule 1.

Right to list of creditors

7.36

(1) A creditor has the right to require the housing administrator to provide a list of the names and addresses of the creditors and the amounts of their respective debts.

(2) The housing administrator on being required to provide such a list—

(a) must deliver it to the person requiring the list as soon as reasonably practicable; and

(b) may charge the standard fee for copies for a hard copy.

(3) The housing administrator may omit the name and address of a creditor if the housing administrator thinks its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person.

(4) In such a case the list must include—

(a) the amount of that creditor’s debt; and

(b) a statement that the name and the address of the creditor has been omitted for that debt.

Confidentiality of documents – grounds for refusing inspection

7.37

(1) Where a housing administrator considers that a document forming part of the records of a housing administration—

(a) should be treated as confidential, or

(b) is of such a nature that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person,

the housing administrator may decline to allow it to be inspected by a person who would otherwise be entitled to inspect it.

(2) Where the housing administrator refuses inspection of a document the person wishing to inspect it may apply to the court which may reconsider the housing administrator’s decision.

7.38

(1) References in these Rules to a consent to act are to a statement by a proposed housing administrator headed “Proposed housing administrator’s statement and consent to act” which contains the following—

(a) identification details for the registered provider immediately below the heading;

(b) a certificate that the proposed housing administrator is authorised under Part 13[^f00038] of the Act to act as an insolvency practitioner;

(d) the name of the relevant recognised professional body which is the source of the proposed housing administrator’s authorisation;

(e) a statement that the proposed housing administrator consents to act as housing administrator of the registered provider;

(f) a statement whether or not the proposed housing administrator has had any prior professional relationship with the registered provider and if so a short summary of the relationship;

(g) the name of the applicant in the case of an application to the court for an appointment; and

(h) a statement that the proposed housing administrator is of the opinion that the purpose of housing administration is reasonably likely to be achieved in the particular case.

(2) The statement and consent to act must be authenticated and dated by the proposed housing administrator.

(3) Where a number of persons are proposed to be appointed to act jointly or concurrently as the housing administrator of a registered provider, each must make a separate statement and consent to act.

CHAPTER 7 — Use of websites

Use of website by housing administrator to deliver a particular document

7.39

(1) This rule applies for the purposes of section 246B of the Act.

(2) A housing administrator who is required to deliver a document to any person may (except where personal delivery is required) satisfy that requirement by delivering a notice to that person which contains—

(a) a statement that the document is available for viewing and downloading on a website;

(b) the website’s address and any password necessary to view and download the document; and

(c) a statement that the person to whom the notice is delivered may request a hard copy of the document with a telephone number, email address and postal address which may be used to make that request.

(3) A housing administrator who receives such a request must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request.

(4) A document to which a notice under paragraph (2) relates must—

(a) remain available on the website for the period required by rule 7.41; and

(b) be in a format that enables it to be downloaded within a reasonable time of an electronic request being made for it to be downloaded.

(5) A document which is delivered to a person by means of a website in accordance with this rule is deemed to have been delivered—

(a) when the document is first made available on the website; or

(b) when the notice under paragraph (2) is delivered to that person, if that is later.

General use of website to deliver documents

7.40

(1) The housing administrator may deliver a notice to each person to whom a document will be required to be delivered in the housing administration proceedings which contains—

(a) a statement that future documents in the proceedings other than those mentioned in paragraph (2) will be made available for viewing and downloading on a website without notice to the recipient and that the housing administrator will not be obliged to deliver any such documents to the recipient of the notice unless the housing administrator is requested to do so by that person;

(b) a telephone number, email address and postal address which may be used to make a request for a hard copy of a document;

(i) all documents currently available for viewing on the website;

(ii) all future documents which may be made available there; and

(d) the address of the website and any password required to view and download a relevant document from that site.

(2) A statement under paragraph (1)(a) does not apply to the following documents—

(a) a document for which personal delivery is required;

(b) a notice under rule 5.26 of intention to declare a dividend; and

(3) A document is delivered generally if it is delivered to some or all of the following classes of person—

(a) members;

(b) contributories;

(d) any class of members, contributories or creditors.

(4) A housing administrator who has delivered a notice under paragraph (1) is under no obligation—

(a) to notify a person to whom the notice has been delivered when a document to which the notice applies has been made available on the website; or

(b) to deliver a hard copy of such a document unless a request is received under paragraph (1)(c).

(5) A housing administrator who receives such a request—

(a) in respect of a document which is already available on the website must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request; and

(b) in respect of all future documents must deliver each such document in accordance with the requirements for delivery of such a document in the Act and these Rules.

(6) A document to which a statement under paragraph (1)(a) applies must—

(a) remain available on the website for the period required by rule 7.41; and

(b) be in such a format as to enable it to be downloaded within a reasonable time of an electronic request being made for it to be downloaded.

(7) A document which is delivered to a person by means of a website in accordance with this rule is deemed to have been delivered—

(a) when the relevant document was first made available on the website; or

(b) if later, when the notice under paragraph (1) was delivered to that person.

(8) Paragraph (7) does not apply in respect of a person who has made a request under paragraph (1)(c)(ii) for hard copies of all future documents.

Retention period for documents made available on websites

7.41

(1) This rule applies to a document which is made available on a website under rules 3.38, 7.39 and 7.40.

(2) Such a document must continue to be made available on the website until two months after the end of the housing administration proceedings or the release of the last person to act as housing administrator in those proceedings.

CHAPTER 8 — Standard contents of Gazette notices

Contents of notices to be gazetted under the Act or Rules

7.42

(1) Where the Act or these Rules require or permit a notice to be gazetted the notice must also contain the standard contents set out in this Chapter in addition to any content specifically required by the Act or any other provision of these Rules.

(2) Information which this Chapter requires to be included in a Gazette notice may be omitted if it is not reasonably practicable to obtain it.

Standard contents of all notices

7.43

A notice must, if it is relevant to the particular notice, identify the housing administrator and state—

(a) the housing administrator’s contact details;

(b) the housing administrator’s IP number;

(d) the date of the housing administrator’s appointment;

(e) the court name and any number assigned by the court to the proceedings;

(f) the registered provider;

(g) the registered office or principal trading address of the registered provider;

(h) any name under which the registered provider was registered in the 12 months before the date of the commencement of the housing administration proceedings;

(i) any other name or style under which the registered provider—

(i) carried on business; and

(ii) in which any debt owed to a creditor was incurred.

Gazette – as evidence, variations and errors

7.44

(1) A copy of the Gazette containing a notice required or permitted by the Act or these Rules to be gazetted is evidence of any facts stated in the notice.

(2) Where the Act or these Rules require an order of the court to be gazetted, a copy of the Gazette containing the notice may be produced in any proceedings as conclusive proof that the order was made on the date specified in the notice.

(3) Where an order of the court which is gazetted has been varied, or any matter has been erroneously or inaccurately gazetted, the person whose responsibility it was to gazette the order or other matter must as soon as is reasonably practicable cause the variation to be gazetted or a further entry to be made in the Gazette for the purpose of correcting the error or inaccuracy.

CHAPTER 9 — Standard contents of notices advertised otherwise than in the Gazette

Standard contents of notices advertised otherwise than in the Gazette

7.45

(1) Where the Act or these Rules provide that a notice may be advertised otherwise than in the Gazette the notice must contain the standard contents set out in this Chapter (in addition to any content specifically required by the Act or any other provision of these Rules).

(2) A notice must, if it is relevant to the particular notice, identify the housing administrator and specify the housing administrator’s contact details.

(3) Information which this Chapter requires to be included may be omitted if it is not reasonably practicable to obtain it.

Non-Gazette notices relating to a registered provider

7.46

A notice relating to a registered provider must also identify the registered provider and state—

(a) its principal trading address;

(b) any name under which it was registered in the 12 months before the date of the housing administration proceedings; and

(i) the registered provider carried on business; and

(ii) any debt owed to a creditor was incurred.

Non-Gazette notices – other provisions

7.47

Information which this Chapter requires to be stated in a notice must be included in an advertisement of that notice in a way that is clear and comprehensible.

CHAPTER 10 — Delivery of documents and opting out

Delivery to the creditors and opting out

7.48

(1) Where the Act or a rule requires a housing administrator to deliver a document to the creditors, or the creditors in a class, the requirement is satisfied by the delivery of the document to all such creditors of whose address the housing administrator is aware other than opted-out creditors (where the opt out applies).

(2) Where a creditor has opted out from receiving documents, the opt out does not apply to—

(a) a notice which the Act requires to be delivered to all creditors without expressly excluding opted-out creditors;

(b) a notice of a change in the housing administrator or the contact details for the housing administrator;

(d) a document which these Rules require to accompany a notice within sub-paragraphs (a) to (c).

(3) The housing administrator must begin to treat a creditor as an opted-out creditor as soon as reasonably practicable after delivery of the creditor’s election to opt out.

Creditor’s election to opt out

7.49

(1) A creditor may at any time elect to be an opted-out creditor.

(2) The creditor’s election to opt out must be by a notice in writing authenticated and dated by the creditor.

(3) The creditor must deliver the notice to the housing administrator.

(4) A creditor becomes an opted-out creditor when the notice is delivered to the housing administrator.

(5) An opted-out creditor—

(a) will remain an opted-out creditor for the duration of the proceedings unless the opt out is revoked; and

(b) is deemed to be an opted-out creditor in respect of any subsequent insolvency proceedings of a different kind relating to that registered provider.

(6) The creditor may at any time revoke the election to opt out by a further notice in writing, authenticated and dated by the creditor and delivered to the housing administrator.

(7) The creditor ceases to be an opted-out creditor from the date the notice is received by the housing administrator.

Housing administrator to provide information to creditors on opting-out

7.50

(1) The housing administrator must, in the first communication with a creditor, inform the creditor in writing that the creditor may elect to opt out of receiving further documents relating to the proceedings.

(2) The communication must contain—

(a) identification and contact details for the housing administrator;

(b) a statement that the creditor has the right to elect to opt out of receiving further documents about the proceedings unless—

(i) the Act requires a document to be delivered to all creditors without expressly excluding opted-out creditors,

(ii) it is a notice relating to a change in the housing administrator or the housing administrator’s contact details, or

(iii) it is a notice of a dividend or proposed dividend or a notice which the court orders to be sent to all creditors or all creditors of a particular category to which the creditor belongs;

(c) a statement that opting-out will not affect the creditor’s entitlement to receive dividends should any be paid to creditors;

(d) a statement that unless these Rules provide to the contrary opting-out will not affect any right the creditor may have to vote in a decision procedure or a participate in a deemed consent procedure in the proceedings although the creditor will not receive notice of it;

(e) a statement that a creditor who opts out will be treated as having opted out in respect of any consecutive insolvency proceedings of a different kind in respect of the same registered provider; and

(f) information about how the creditor may elect to be or cease to be an opted-out creditor.

SCHEDULE 1 — Punishment of offences under these Rules

Rule creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (if applicable)
3.13(5)	Housing administrator failing to deliver progress reports in accordance with rule 3.13	Summary	Level 3 on the standard scale.	One tenth of level 3 on the standard scale.
3.39(7)	Former housing administrator failing to file a notice of automatic end of housing administration and progress report	Summary	Level 3 on the standard scale.	One tenth of level 3 on the standard scale.
6.9(2)	Failing to comply with housing administrator’s duties on vacating office	Summary	Level 3 on the standard scale.	One tenth of level 3 on the standard scale.
7.35(3)	Falsely claiming to be a person entitled to inspect a document with the intention of gaining sight of it.	1. On indictment 2. Summary	2 years, or a fine, or both. 6 months, or a fine, or both.	Not applicable.

SCHEDULE 2 — Service of documents

2

(1) This Schedule sets out the requirements for service where a document is required to be served.

(2) Service is to be carried out in accordance with Part 6 of the CPR as that Part applies to either a “claim form” or a “document other than a claim form” except where this Schedule provides otherwise or the court otherwise approves or directs.

(3) However where a document is required or permitted to be served at a company’s registered office service may be effected at a previous registered office in accordance with section 87(2) of the Companies Act.

(4) In the case of an overseas company service may be effected in any manner provided for by section 1139(2) of the Companies Act.

(5) If, for any reason, it is impracticable to effect service as provided for in paragraphs (2) to (4) then service may be effected in such other manner as the court may approve or direct.

(6) The following documents are treated as “claim forms” for the purposes of applying Part 6 of the CPR—

(a) an application for housing administration;

(b) any other application to the court; and

and must be served by the applicant.

(7) Any other documents required to be served by these Rules are to be treated as “documents other than the claim form” for the purposes of Part 6 of the CPR.

(8) Part 6 of the CPR applies to the service of documents outside the jurisdiction with such modifications as the court may approve or direct.

Service of application for housing administration

3

(1) An application to the court for a housing administration order must be served by delivering the documents as follows—

(a) to the registered provider at its registered office or if its registered office is not practicable or it has no registered office at its last known principal place of business in England and Wales;

(b) to any other person at that person’s proper address.

(2) A person’s proper address is any which that person has previously notified as the address for service, but if that person has not notified such an address then the documents may be served at their usual or last known address.

(3) Paragraph (4) sets out the proper address for service for an authorised deposit-taker who—

(a) has appointed, or is or may be entitled to appoint, an administrative receiver of the registered provider; and

(b) has not notified an address for service.

(4) The proper address for service is—

(a) that of an office of the authorised deposit-taker where the applicant knows the registered provider maintains a bank account; or

(b) where the applicant does not know of any such office, the registered office; or

Service on joint housing administrators

4

Service of a document on one of joint housing administrators is to be treated as service on all of them.

Certificate of service

5

(1) The service of an application must be verified by a certificate of service.

(2) The certificate of service must—

(a) identify the application;

(b) identify the registered provider;

(d) specify—

(i) the court or hearing centre in which the application was made, and the court reference number;

(ii) the date of the application;

(iii) whether the copy served was a sealed copy;

(iv) all persons served; and

(v) the manner of service and the date of service; and

(e) be verified by a statement of truth.

(3) Where substituted service has been ordered, the certificate must be accompanied by a sealed copy of the order for substituted service.

Signed

Lucy Frazer — Parliamentary Under Secretary of State — Ministry of Justice — 11th June 2018

I concur

Burnett of Maldon — Lord Chief Justice of England and Wales — 7th June 2018

I concur, on behalf of the Secretary of State

Dominic Raab — Minister of State — Ministry of Housing, Communities and Local Government — 12th June 2018

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules set out the detailed procedures for the conduct of housing administration, as provided by Chapter 5 of Part 4 of the Housing and Planning Act 2016. Housing administration is a special administration regime which applies to private registered providers of social housing.

The main features of housing administration are:

(a) the registered provider enters the procedure by court order on application by the Secretary of State or, with the consent of the Secretary of State, by the Regulator of Social Housing;

(b) the order appoints a housing administrator;

(c) the objective of housing administration is firstly normal administration and secondly keeping social housing within the regulated sector.

Part 2 of these Rules sets out the procedure for applying for a housing administration order, provisions about the hearing of the application and the grant of the order.

Part 3 of these Rules sets out the process of housing administration.

Part 4 of these Rules contains general provisions detailing court practice and procedure for the housing administration.

Part 5 of these Rules contains provisions relating to distribution to creditors, including proving debts and quantifying claims.

Part 6 of these Rules contains provisions about the housing administrator, including how and when the housing administrator may be replaced, and the housing administrator’s remuneration.

Part 7 of these Rules contains provisions about time and general rules about documents.

Schedule 1 to these Rules contains specific details of the punishment of offences under these Rules.

Schedule 2 to these Rules contains specific requirements for the service of documents within housing administration proceedings.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment for the Housing and Planning Act 2016 is available on the website of the Ministry of Housing, Communities and Local Government.

Footnotes

[^f00001]: 2016 c. 22.

[^f00002]: 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).

[^f00003]: Schedule B1 was inserted by section 248 of the Enterprise Act 2002 (c. 40).

[^f00004]: 2006 c. 46.

[^f00005]: Section 246A was inserted by article 3 of S.I. 2010/18.

[^f00006]: Section 434B was inserted by paragraph 105 of Schedule 1 to S.I. 2008/948 and was amended by paragraph 57 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c. 26).

[^f00007]: 2000 c. 8. Part 4A was inserted by section 11(2) of the Financial Services Act 2012 (c. 21).

[^f00008]: S.I. 1998/3132.

[^f00009]: 2003 c. 39.

[^f00010]: Section 176A was inserted by section 252 of the Enterprise Act 2002.

[^f00011]: S.I. 2003/2097.

[^f00012]: 2007 c. 29.

[^f00013]: Paragraph 49 was amended by paragraph 10 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c. 26).

[^f00014]: S.I. 2016/1024.

[^f00015]: Paragraph 49(4) is amended by paragraph 10(2) of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c. 26).

[^f00016]: Paragraph 54 is modified by paragraph 9 of Schedule 5 to the Housing and Planning Act 2016 and Schedule 1 and Schedule 2 to the Insolvency of Registered Providers of Social Housing Regulations 2017.

[^f00017]: Paragraph 62 was amended by paragraph 10 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015.

[^f00018]: Paragraph 76 was amended by section 127 of the Small Business, Enterprise and Employment Act 2015.

[^f00019]: 2003 c. 39. There are amendments to section 92 which are not relevant to this instrument.

[^f00020]: Part 44 is substituted for a new Part 44 by S.I. 2013/262.

[^f00021]: Part 47 is substituted for a new Part 47 by S.I. 2013/262.

[^f00022]: Section 235 was amended by paragraph 24 of Schedule 17 to the Enterprise Act 2002.

[^f00023]: Part 52 is amended by S.I.s 1987/2024, 2998/3132, 2000/221, 2000/2092, 2003/2113, 2003/3361, 2004/2072/ 2005/2483, 2005/3515, 2006/1689/ 2006/3435, 2007/2204, 2009/2092/ 2009/3390, 2010/1953, 2012/2208, 2013/262, 2013/1412, 2013/1974, 2014/407, 2104/879, 2014/2044, 2014/3299, paragraph 1(2) of Schedule 11 to the Constitutional Reform Act 2005 (c. 4), and sections 59 and 60 of the Access to Justice Act 1999 (c. 22).

[^f00024]: 1984 c. 28. Section 5 was amended by paragraph 4 of Schedule 9 to the Crime and Courts Act 2013 (c. 22).

[^f00025]: 1981 c. 54. Section 3 has been amended but no amendments are relevant to this instrument.

[^f00026]: Section A1 was inserted by section 17(1) of the Crime and Courts Act 2013.

[^f00027]: Section 6 was substituted by paragraph 1 of Schedule 3 to the Constitutional Reform Act 2005 (c. 4) and was amended by paragraph 5 of Schedule 9 to the Crime and Courts Act 2013.

[^f00028]: Section 100 was substituted by paragraph 2 of Schedule 3 to the Constitutional Reform Act 2005. There are other amendments but those are not relevant to this instrument.

[^f00029]: Section 4 was amended by section 72 of the Courts and Legal Services Act 1990 (c. 41), section 69 of the Access to Justice Act 1999 (c. 22), paragraphs 114 and 114 of Schedule 15 to the Constitutional Reform Act 2005, and paragraphs 12 and 13 of Schedule 13 to the Crime and Courts Act 2013. There are other amendments but those are not relevant to this instrument.

[^f00030]: The definition was inserted in section 89(1) by paragraph 3(a) of Schedule 1 to S.I. 2018/130. Other amendments have been made to section 89(1), but those are not relevant to this instrument.

[^f00031]: Paragraph 13A was inserted into Schedule 8 by section 131 of the Small Business, Enterprise and Employment Act 2015 (c. 26).

[^f00032]: 2002 c. 29. Relevant amendments are made by paragraph 75(1) and (2) of Part 2 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), Part 1 of Schedule 8 and paragraphs 1 and 2 of Schedule 14 to the Serious Crime Act 2007 (c. 27), and paragraphs 11 and 12 of the Schedule to the Prevention of Social Housing Fraud Act 2013 (c. 3).

[^f00033]: 2000 c. 8. Section 382 has been amended by paragraph 21 of Schedule 9 to the Financial Services Act 2012 (c. 21).

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