Housing (Scotland) Act 2006

23 [F1 Consideration of applications] S

(1) [F2 The Chamber President] must decide whether to—

(a) refer an application under section 22(1) [F3 or 22(1A)] to [F4 the First-tier Tribunal] , or

(b) reject the application.

(2) The [F5 Chamber President] may reject an application only if the [F5 Chamber President] considers—

(a) that it is vexatious or frivolous,

(b) where the tenant [F6 or 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 [F7 Chamber President] must make a decision under subsection (1)—

(a) within 14 days of the [F8 First-tier Tribunal’s] receipt of the application concerned, or

(b) where the [F9 Chamber 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 [F10 Chamber President] considers reasonable.

(4) The [F11 Chamber President] must, as soon as practicable after rejecting an application [F12 under section 22(1)] give notice of the rejection—

(a) to the tenant, and

(b) where the [F11 Chamber President] is aware of the name and address of a person who acts for the tenant in relation to the application, to that person.

[F13 (4A) The [F14 Chamber 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) [F15 A 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

F1 S. 23 heading 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(5) (with sch. 1 para. 5)

F2 Words in s. 23(1) 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(4)(a) (with sch. 1 para. 5)

F3 Words in s. 23(1) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(a), 104(3); S.S.I. 2015/349, art. 3, sch.

F4 Words in s. 23(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(3) (with sch. 1)

F5 Words in s. 23(2) 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(4)(b) (with sch. 1 para. 5)

F6 Words 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.

F7 Words in s. 23(3) 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(4)(c)(i) (with sch. 1 para. 5)

F8 Words in s. 23(3)(a) 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(4)(c)(ii) (with sch. 1 para. 5)

F9 Words in s. 23(3)(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(4)(c)(iii) (with sch. 1 para. 5)

F10 Words in s. 23(3) 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(4)(c)(iv) (with sch. 1 para. 5)

F11 Words in s. 23(4) 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(4)(d) (with sch. 1 para. 5)

F12 Words in s. 23(4) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(c), 104(3); S.S.I. 2015/349, art. 3, sch.

F13 S. 23(4A) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(d), 104(3); S.S.I. 2015/349, art. 3, sch.

F14 Words in s. 23(4A) 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(4)(e) (with sch. 1 para. 5)

F15 Words 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.