Explanatory Notes

Property Factors (Scotland) Act 2011

2011 asp 8

7 April 2011

The Act

Part 2 – Dispute Resolution

Section 18 – Referral to homeowner housing committee

68.Subsection (1) requires the president of the homeowner housing panel to decide whether to refer an application made to the homeowner housing panel to a homeowner housing committee or to reject the application. The circumstances in which the president may reject an application are set out in subsection (2).

69.Subsection (3) requires the president to decide whether to reject an application or refer it to a homeowner housing committee within 14 days of receipt – unless he or she considers that further information is required to enable him or her to make the decision or that there is a reasonable prospect of the dispute being resolved by parties (in which case a decision under subsection (1) must be made by such later date as the president considers reasonable).

70.If the president decides to reject the application, he or she must, as soon as practicable, notify the homeowner (and anyone acting on the homeowner’s behalf whose name and address is known to the president) of that fact (subsection (4)). Under subsection (5), that notification must set out the reasons for the rejection and explain the procedure for appealing against the decision.