Housing (Scotland) Act 2006

Notification of referral S

1 (1) [F1 On receipt of a referral of a tenant’s application under section 23(1) the First-tier Tribunal] must, as soon as practicable after receiving the reference, serve notice on the landlord and the tenant— S

(a) setting out the detail of the application in such manner as the [F2 First-tier Tribunal thinks] fit,

[F3 (b) stating that the Chamber President has referred the application to be heard by the First-tier Tribunal, and]

(c) specifying the day by which any—

(i) written representations, or

(ii) request to make oral representations,

must be made.

(2) The day so specified—

(a) must be at least 14 days after the day on which the notice is served, and

(b) may, at the request of [F4 the landlord or the tenant] , be changed to such later day as the [F5 First-tier Tribunal thinks] fit.

(3) The [F6 First-tier Tribunal] must notify [F7 the landlord and the tenant] of any change under sub-paragraph (2)(b).

[F8 (4) In the case of an application under section 22(1A), the [F9 First-tier Tribunal] must, in addition to carrying out the matters mentioned in sub-paragraphs (1) to (3)—

(a) serve on the third party applicant a notice containing the matters mentioned in sub-paragraph (1)(a) to (c),

(b) if the [F9 First-tier Tribunal] thinks fit following a request of the third party applicant, change the day specified for the purposes of sub-paragraph (1)(c),

(c) notify—

(i) the third party applicant of any change under sub-paragraph (2)(b),

(ii) the landlord and the tenant of any change under paragraph (b).]

Textual Amendments

F1 Words in sch. 2 para. 1(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(b)(i)(aa), (with sch. 1)

F2 Words in sch. 2 para. 1(1)(a) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(b)(i)(bb), (with sch. 1)

F3 Sch. 2 para. 1(1)(b) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(18)(a) (with sch. 1 para. 5)

F4 Words in sch. 2 para. 1(2) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(1)(b), 104(3); S.S.I. 2015/272, art. 2, Sch.

F5 Words in sch. 2 para. 1(2)(b) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(b)(ii) (with sch. 1)

F6 Words in sch. 2 para. 1(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(b)(iii) (with sch. 1)

F7 Words in sch. 2 para. 1(3) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(1)(c), 104(3); S.S.I. 2015/272, art. 2, Sch.

F8 Sch. 2 para. 1(4) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(1)(d), 104(3); S.S.I. 2015/272, art. 2, Sch.

F9 Words in sch. 2 para. 1(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(b)(iv) (with sch. 1)