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Enforcement of repairing standardS

F121Naming of panel and re-naming of committeesS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

22[F2Application in respect of the repairing standard]S

(1)A tenant may apply to the [F3First-tier Tribunal] for determination of whether the landlord has failed to comply with the duty imposed by section 14(1)(b).

[F4(1A)A person mentioned in subsection (1B) may apply to the [F5First-tier Tribunal] for determination of whether a landlord has failed to comply with the duty imposed by section 14(1)(b) (a person who makes such an application being referred to as a “third party applicant”).

(1B)The persons are—

(a)a local authority,

(b)a person specified by order made by the Scottish Ministers.]

(2)An application under subsection [F6(1) or (1A) must set out the tenant's, or as the case may be, the third party applicant's] reasons for considering that the landlord has failed to comply with that duty.

(3)No [F7application under this section may be made unless the person making the application] has notified the landlord that work requires to be carried out for the purpose of complying with that duty.

(4)No [F8application under this section] may be made where the landlord is—

(a)a local authority landlord (within the meaning of the Housing (Scotland) Act 2001 (asp 10)),

(b)a registered social landlord (being a body registered in the register maintained under [F9section 20(1) of the Housing (Scotland) Act 2010 (asp 17)]),

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)Scottish Water.

[F11(4A)The tenant of the house concerned is entitled to be a party in the determination of any application made under subsection (1A).]

(5)Schedule 2 makes further provision about the procedure for making and determining an application under this section.

F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 22 heading substituted (1.12.2015) by virtue of Housing (Scotland) Act 2014 (asp 14), ss. 25(2), 104(3); S.S.I. 2015/349, art. 3, sch.

F4S. 22(1A)(1B) inserted (1.12.2015 for specified purposes, 1.4.2016 for specified purposes, 1.6.2016 in so far as not already in force) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(a), 104(3); S.S.I. 2015/349, art. 3, sch.

F6Words in s. 22(2) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(b), 104(3); S.S.I. 2015/349, art. 3, sch.

F7Words in s. 22(3) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(c), 104(3); S.S.I. 2015/349, art. 3, sch.

F8Words in s. 22(4) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(d), 104(3); S.S.I. 2015/349, art. 3, sch.

F9Words in s. 22(4)(b) substituted (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), Sch. 2 para. 14; S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

Commencement Information

I1S. 22 wholly in force at 3.9.2007; s. 22 not in force at Royal Assent see s. 195(3); s. 22(5) in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2; s. 22 in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[F1322AInformation to be given to local authorityS

(1)On receipt of an application under section 22(1) [F14, or under section 22(1A) where the applicant is not a local authority], the [F15First-tier Tribunal] must provide the information mentioned in subsection (2) to the local authority for the area in which the house concerned is situated for the purpose of the local authority maintaining the register under section 82(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).

(2)The information is—

(a)the address of the house concerned,

(b)the name of the landlord of the house (if known),

(c)the landlord's address (if known),

(d)the landlord registration number of the landlord (if known), and

(e)the name and address (if known) of any person who acts as agent for the landlord.]

Textual Amendments

F14Words in s. 22A(1) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(3), 104(3); S.S.I. 2015/349, art. 3, sch.

23[F16Consideration of applications]S

(1)[F17The Chamber President] must decide whether to—

(a)refer an application under section 22(1) [F18or 22(1A)] to [F19the First-tier Tribunal] , or

(b)reject the application.

(2)The [F20Chamber President] may reject an application only if the [F20Chamber President] considers—

(a)that it is vexatious or frivolous,

(b)where the tenant [F21or third party applicant] has previously made an identical or substantially similar application in relation to the same house, that there has not been a reasonable period of time between the applications, or

(c)that the dispute to which the application relates has been resolved.

(3)The [F22Chamber President] must make a decision under subsection (1)—

(a)within 14 days of the [F23First-tier Tribunal’s] receipt of the application concerned, or

(b)where the [F24Chamber President] considers—

(i)that the decision cannot be made without further information, or

(ii)that there is a reasonable prospect of the dispute being resolved by the parties,

by such later date as the [F25Chamber President] considers reasonable.

(4)The [F26Chamber President] must, as soon as practicable after rejecting an application [F27under section 22(1)] give notice of the rejection—

(a)to the tenant, and

(b)where the [F26Chamber President] is aware of the name and address of a person who acts for the tenant in relation to the application, to that person.

[F28(4A)The [F29Chamber President] must, as soon as practicable after rejecting an application under section 22(1A) give notice of the rejection to—

(a)the third party applicant, and

(b)the tenant.]

(5)[F30A notice under subsection (4) or (4A)] must—

(a)set out the reasons for the rejection, and

(b)explain the procedure for appealing against it.

Textual Amendments

F21Words in s. 23(2)(b) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(b), 104(3); S.S.I. 2015/349, art. 3, sch.

F30Words in s. 23(5) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(e), 104(3); S.S.I. 2015/349, art. 3, sch.

[F3123A.Delegation of Chamber President’s functionsS

(1)The Chamber President may delegate the Chamber President’s functions under this Act to any legal or ordinary member of the First-tier Tribunal.

(2)A delegation under this section does not affect the Chamber President’s—

(a)responsibility for the carrying out of delegated functions, or

(b)ability to carry out delegated functions.]

Textual Amendments

24[F32Determination by the First-tier Tribunal]S

(1)The [F33First-tier Tribunal, must in relation to an application under section 22(1) or (1A)] decide whether the landlord has complied with the duty imposed by section 14(1)(b).

(2)Where the [F34First-tier Tribunal decides] that the landlord has failed to comply with that duty, [F35it] must by order (a “repairing standard enforcement order”) require the landlord to carry out such work as is necessary for the purposes of ensuring—

(a)that the house concerned meets the repairing standard, and

(b)that any damage caused by the carrying out of any work in pursuance of that duty or the order is made good.

(3)A repairing standard enforcement order must specify the period within which the work required by the order must be completed.

(4)The period so specified must be the period beginning with the date from which the order has effect within which the [F36First-tier Tribunal reasonably considers] that the work required can be completed (but must not, in any case, be a period of less than 21 days).

(5)A repairing standard enforcement order may specify particular steps which the [F37First-tier Tribunal requires] the landlord to take in complying with the order.

(6)Where the [F38First-tier Tribunal is] prevented by reason only of section 16(4) from deciding that a landlord has failed to comply with the duty imposed by section 14(1)(b), the [F39First-tier Tribunal] must serve notice on the local authority stating that [F40it considers] the landlord to be unable to comply with that duty.

(7)Where the sheriff has made an order under section 18(1) in relation to a tenancy—

(a)the [F41First-tier Tribunal] must, when determining whether the landlord has failed to comply with the duty imposed by section 14(1)(b), treat sections 14, 15 and 17 as having been modified or excluded in the manner described in the sheriff's order,

(b)a repairing standard enforcement order may not require the carrying out of any work which the duty imposed by section 14(1)(b) does not, because of that modification or exclusion, require to be carried out.

Textual Amendments

25Variation and revocation of repairing standard enforcement ordersS

(1)[F42Where the First-tier Tribunal has made a repairing standard enforcement order, it] may, at any time—

(a)vary the order in such manner as [F43it considers] reasonable, or

(b)where [F43it considers] that the work required by the order is no longer necessary, revoke it.

(2)Where subsection (3) applies, the [F44First-tier Tribunal] must vary the repairing standard enforcement order in question—

(a)so as to extend, or further extend, the period within which the work required by the order must be completed, and

(b)in such other manner as [F45it thinks] fit.

(3)This subsection applies where—

(a)the [F46First-tier Tribunal considers], on the submission of the landlord or otherwise, that the work required by a repairing standard enforcement order has not been, or will not be, completed during the period within which the order requires the work to be completed, and

(b)the [F47First-tier Tribunal] —

(i)[F48considers] that satisfactory progress has been made in carrying out the work required, or

(ii)[F49has] received a written undertaking from the landlord stating that the work required will be completed by a later date which the [F47First-tier Tribunal] consider satisfactory.

(4)References in this Act (including this section) to a repairing standard enforcement order or to work required by such an order are, where the order has been varied under this section, to be treated as references to the order as so varied or, as the case may be, to work required by the order as so varied.

Textual Amendments

26Effect of failure to comply with repairing standard enforcement orderS

(1)It is for the [F50First-tier Tribunal] to decide whether a landlord has complied with a repairing standard enforcement order made by the [F51First-tier Tribunal].

(2)Where the [F52First-tier Tribunal decides] that a landlord has failed to comply with the repairing standard enforcement order, the [F53First-tier Tribunal] must—

(a)serve notice of the failure on the local authority, and

(b)decide whether to make a rent relief order.

(3)The [F54First-tier Tribunal] may not decide that a landlord has failed to comply with a repairing standard enforcement order—

(a)unless the period within which the order requires the work to be completed has ended, or

(b)if the [F55First-tier Tribunal is] satisfied, on the submission of the landlord or otherwise—

(i)that the landlord is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or

(ii)that the work required by the order is likely to endanger any person.

(4)Where the [F56First-tier Tribunal is] prevented by reason only of subsection (3)(b) from deciding that a landlord has failed to comply with a repairing standard enforcement order, the [F57First-tier Tribunal] must serve notice on the local authority stating that [F58it considers] the landlord to be unable to comply with the repairing standard enforcement order.

Textual Amendments

27Rent relief ordersS

(1)A rent relief order is an order by [F59the First-tier Tribunal] which reduces any rent payable under the tenancy in question by such amount (not exceeding 90% of the rent which would, but for the order, be payable) as may be specified in the order.

(2)[F60The First-tier Tribunal] may make a rent relief order only where [F61it has] decided that a landlord has failed to comply with a repairing standard enforcement order which has effect in relation to the house concerned.

(3)A rent relief order does not affect the terms or validity of the tenancy to which it relates (otherwise than by reducing the rent payable under the tenancy).

(4)The [F62First-tier Tribunal] may decide to revoke a rent relief order at any time; and the [F62First-tier Tribunal] must decide to do so if—

(a)the repairing standard enforcement order to which the rent relief order relates is revoked, or

(b)a certificate is granted under section 60 in relation to the work required by that repairing standard enforcement order.

(5)The revocation of a rent relief order does not make a tenant liable to pay any rent which the tenant would, but for the rent relief order, have been liable to pay under the tenancy while the rent relief order had effect.

Textual Amendments

28The repairing standard: offencesS

(1)A landlord who, without reasonable excuse, fails to comply with a repairing standard enforcement order commits an offence.

(2)For the purposes of subsection (1), a landlord has reasonable excuse for failing to comply with a repairing standard enforcement order if—

(a)the landlord is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or

(b)the work required by the order is likely to endanger any person.

(3)Subsection (2) does not affect the generality of the defence of reasonable excuse.

(4)A landlord cannot be guilty of an offence under subsection (1) unless the [F63First-tier Tribunal] has decided that the landlord has failed to comply with it (but such a decision does not establish a presumption that the landlord has committed an offence under subsection (1)).

(5)A landlord commits an offence if the landlord enters into a tenancy or occupancy arrangement in relation to a house at any time during which a repairing standard enforcement order has effect in relation to the house.

(6)A landlord does not commit an offence under subsection (5) if the [F64First-tier Tribunal] has consented to the landlord entering into the tenancy or occupancy arrangement.

(7)A landlord who is guilty of an offence under subsection (1) or (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

[F6528A[F66Landlord application to the First-tier Tribunal]S

(1)A landlord may apply to the [F67First-tier Tribunal] for assistance under section 28C in exercising the landlord's right of entry to the house concerned under section 181(4).

(2)The [F68Chamber President] must allocate an application under subsection (1) to an individual member of the [F69First-tier Tribunal] , and may subsequently reallocate it at any time to another individual member of the [F69First-tier Tribunal] (the member to whom it is, for the time being, allocated being referred to as “the [F69First-tier Tribunal] member”).

(3)The [F70First-tier Tribunal] member must decide whether—

(a)to assist the landlord in exercising the landlord's right of entry to the house concerned under section 181(4) in accordance with section 28C, or

(b)to reject the application (and notify the landlord accordingly).

(4)The [F71First-tier Tribunal] member may require the landlord to produce such further information as the [F71First-tier Tribunal] member considers necessary to reach a decision on the application.

(5)Where the [F72First-tier Tribunal] member decides to assist the landlord under subsection (3)(a) the [F72First-tier Tribunal] member must send the landlord and the tenant a notice—

(a)indicating that—

(i)the [F72First-tier Tribunal] member has decided to assist the landlord, and

(ii)the [F72First-tier Tribunal] member will be seeking to arrange a suitable time for the landlord to exercise the landlord's right of entry under section 181(4), and

(b)informing the tenant of the tenant's right under subsection (6).

(6)A tenant may, within the period of 14 days beginning with the date of receipt of a notice under subsection (5) (or such longer period as the [F73First-tier Tribunal] member considers appropriate in the circumstances), make representations to the [F73First-tier Tribunal] member as to why it is inappropriate or unnecessary for the landlord to exercise the landlord's right of entry under section 181(4) at that time.

(7)Where representations are made by the tenant under subsection (6), the [F74First-tier Tribunal] member—

(a)may make such further enquiries of the landlord and tenant as the [F74First-tier Tribunal] member considers appropriate, and

(b)must decide whether to—

(i)continue to assist the landlord, or

(ii)stop assisting the landlord.

(8)A decision—

(a)to reject an application under subsection (3),

(b)of the [F75First-tier Tribunal] member under subsection (7),

(c)by the [F75First-tier Tribunal] member to stop acting in accordance with section 28C(9),

is final.

(9)No application may be made under subsection (1) where the landlord is—

(a)a local authority landlord (within the meaning of the Housing (Scotland) Act 2001 (asp 10)),

(b)a registered social landlord (being a body registered in the register maintained under section 57 of that Act), or

(c)Scottish Water.

Textual Amendments

F65Ss. 28A-28C inserted (22.9.2015 for specified purposes, 1.12.2015 in so far as not already in force) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(4), 41(3); S.S.I. 2015/326, art. 2(2)(b)(3)

28B[F76Landlord application to the First-tier Tribunal: further provision]S

(1)The Scottish Ministers may by regulations make further provision about the making or deciding of applications under section 28A.

(2)Those regulations may, in particular, make provision—

(a)about the form and content of applications and notices,

(b)prescribing a fee to accompany applications,

(c)specifying circumstances when the [F77First-tier Tribunal] member must decide to reject an application or stop assisting a landlord,

(d)about the procedure for—

(i)making decisions under section 28A(3) or (7),

(ii)giving notice under section 28A(5),

(iii)making representations under section 28A(6).

(3)In this section, “the [F78First-tier Tribunal] member” means the member of the [F79First-tier Tribunal] to whom the case has been allocated under section 28A(2).

Textual Amendments

F65Ss. 28A-28C inserted (22.9.2015 for specified purposes, 1.12.2015 in so far as not already in force) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(4), 41(3); S.S.I. 2015/326, art. 2(2)(b)(3)

28C[F80First-tier Tribunal Member to arrange suitable time for access]S

(1)Subsection (2) applies where the [F81First-tier Tribunal] member has decided to assist the landlord under section 28A(3)(a).

(2)The [F82First-tier Tribunal] member must liaise with the landlord and the tenant with a view to agreeing a suitable date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(3)Subsection (4) applies if the tenant (without reasonable excuse) has failed or refused, within a reasonable time, to—

(a)respond to the [F83First-tier Tribunal] member, or

(b)agree a suitable date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(4)The [F84First-tier Tribunal] member may fix a date and time (or dates and times) for the landlord to exercise the landlord's right of entry to the house under section 181(4).

(5)Where a date and time has been agreed under subsection (2), the [F85First-tier Tribunal] member may, on the request of either the landlord or the tenant and where there are reasonable grounds for doing so, liaise with the parties with a view to agreeing a different date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(6)The [F86First-tier Tribunal] member must as soon as reasonably practicable notify the landlord and tenant of any date and time (or dates and times) agreed or fixed under this section for the landlord to exercise the landlord's right of entry under section 181(4).

(7)When notifying the parties of the date and time (or dates and times) agreed or fixed under this section, the [F87First-tier Tribunal] member must also—

(a)provide the tenant with information about the action that the [F87First-tier Tribunal] member may take under section 182 if the tenant refuses the landlord's exercise of the landlord's right of entry to the house under section 181(4), and

(b)inform both parties that the [F87First-tier Tribunal] member (or a person authorised by the [F87First-tier Tribunal] member) may be requested to attend when the landlord exercises such right of entry.

(8)The [F88First-tier Tribunal] member may, at the request of the landlord or the tenant, attend at the house at the time agreed or fixed for the landlord to exercise the landlord's right of entry under section 181(4).

(9)The [F89First-tier Tribunal] member may, at any time, stop assisting the landlord under this section if the [F89First-tier Tribunal] member considers it appropriate to do so.

(10)The [F90First-tier Tribunal] member may—

(a)authorise a person (other than the landlord or a representative of the landlord) to exercise any function conferred on the [F91First-tier Tribunal] member under this section, F92...

F92(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)In this section, “the [F94First-Tier Tribunal] member” means the member of the [F95First-tier Tribunal] to whom the case has been allocated under section 28A(2).]

Textual Amendments

F65Ss. 28A-28C inserted (22.9.2015 for specified purposes, 1.12.2015 in so far as not already in force) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(4), 41(3); S.S.I. 2015/326, art. 2(2)(b)(3)

F9629Annual reportS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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