Housing (Private Rented Dwellings) (Amendment) Act, 1983

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Disclosure of interest.

14.—(1) Where a member of the Tribunal has a beneficial interest in a dwelling in respect of which an application under section 5 (1) or an appeal under section 11 is made, or has any other interest in the application or appeal which would be likely to influence him in relation to the determination of the terms of the tenancy or the decision on the appeal, as the case may be, the member shall—

(a) disclose to the Tribunal the nature of his interest,

(b) take no part in the discussion on, or consideration of, the application or appeal,

(c) neither vote nor otherwise act as a member of the Tribunal in relation to the determination of the terms of the tenancy or the decision on the appeal, as the case may be.

(2) Where a rent officer has a beneficial interest in a dwelling in respect of which an application under section 5 (1) is made, or has any other interest in the application which would be likely to influence him in determining the terms of the tenancy, he—

(a) shall neither make nor seek to influence the determination of the tenancy, and

(b) shall inform the manager of the housing authority of his interest.

(3) The manager of the housing authority, upon being so informed, shall refer the application to another rent officer of the authority or, if there is no such other officer, to another housing authority for determination by a rent officer of that authority.

(4) Where an officer of the Tribunal has a beneficial interest in a dwelling to which an application or appeal mentioned in subsection (3) relates, or has any other interest in the application or appeal which is material to the outcome thereof, he shall—

(a) neither influence nor seek to influence the determination of the terms of the tenancy of the dwelling or the decision on the appeal, as the case may be, and

(b) disclose to the Tribunal the nature of his interest and comply with any directions the Tribunal may give in relation to the matter.

(5) For the purposes of this section, a person shall be regarded as having a beneficial interest in a dwelling if—

(a) he or his spouse is the landlord or the tenant of the dwelling, or

(b) he or his spouse, or a nominee of either of them, is a member of a company or other body which is the landlord of the dwelling, or

(c) he or his spouse is in partnership with, or in the employment of, a person who is either the landlord or the tenant of the dwelling.

(6) For the purposes of this section, a person shall not be regarded as having a beneficial interest in a dwelling, or an interest in an application or appeal which would be likely to influence him, by reason only of an interest of his, or of a company or any other body mentioned in subsection (5), which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him.

(7) (a) A person who has a beneficial interest in a dwelling and contravenes or fails to comply with a requirement of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(b) In any proceedings for an offence under this subsection, it shall be a good defence for the person charged to prove that at the time of the alleged offence he did not know and had no reason to believe that—

(i) he had a beneficial interest in the dwelling, or

(ii) the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied.

(c) Proceedings for an offence under this subsection shall not be initiated save by or with the consent of the Director of Public Prosecutions.

(8) A member of the Tribunal who is convicted of an offence under subsection (7) shall, on such conviction, cease to be a member.

(9) Where a person who has a beneficial interest in a dwelling to which an application or appeal to which this section relates contravenes or fails to comply with a requirement of this section, such contravention or failure shall render invalid the determination of the application or the decision on the appeal, as the case may be.

(10) (a) Where a determination under section 5 (1) by the Tribunal or a rent officer is rendered invalid by virtue of subsection (9), the application to which the determination relates shall again be determined by the Tribunal or a rent officer, as the case may be.

(b) Where a decision by the Tribunal on an appeal under section 11 is rendered invalid by virtue of subsection (9), the appeal shall be again decided by the Tribunal.

(c) For the purposes of this Act—

(i) the date of a new determination under paragraph (a) by the Tribunal or a rent officer shall be taken to be the date of the invalid determination, and

(ii) the date of a new decision under paragraph (b) by the Tribunal shall be taken to be the date of the invalid decision.

(11) If, by reason of a new determination or decision under subsection (10), any amount is owed to a landlord or tenant, such amount may be recovered as a simple contract debt in a court of competent jurisdiction.