Housing (Scotland) Act 2014

Transfer of sheriff’s jurisdiction to First-tier Tribunal

16 Regulated and assured tenancies etc.

(1) The functions and jurisdiction of the sheriff in relation to actions arising from the following tenancies and occupancy agreements are transferred to the First-tier Tribunal—

(a) a regulated tenancy (within the meaning of section 8 of the Rent (Scotland) Act 1984 (c.58)),

(b) a Part VII contract (within the meaning of section 63 of that Act),

(c) an assured tenancy (within the meaning of section 12 of the Housing (Scotland) Act 1988 (c.43)).

(2) But that does not include any function or jurisdiction relating to the prosecution of, or the imposition of a penalty for, a criminal offence.

(3) Part 1 of schedule 1 makes minor and consequential amendments.

17 Repairing standard

(1) The 2006 Act is amended as follows.

(2) In section 18—

(a) in subsection (1), for “sheriff” substitute “First-tier Tribunal”,

(b) in subsection (2)(b), for “sheriff” substitute “Tribunal”.

(3) The title of section 18 becomes “Contracting out with consent of First-tier Tribunal”.

(4) In section 57—

(a) in subsection (2), for “sheriff” substitute “relevant authority”,

(b) after subsection (2) insert—

“(2A) In subsection (2), the relevant authority is—

(a) where the requirement or thing which the person is authorised or entitled to do relates to the repairing standard, the First-tier Tribunal,

(b) in any other case, the sheriff.”.

(5) Part 2 of schedule 1 makes minor and consequential amendments.

18 Right to adapt rented houses

(1) After section 66 of the 2006 Act insert—

“66A Appeals in relation to section 52

(1) A tenant aggrieved by a decision by a landlord—

(a) to impose any condition on a consent to carry out work in pursuance of section 52(2), or

(b) to refuse to consent to the carrying out of any such work,

may appeal to the First-tier Tribunal within 6 months of being notified of that decision.

(2) The First-tier Tribunal may, on cause shown, hear an appeal after the deadline set by subsection (1).

(3) The First-tier Tribunal must, unless the Tribunal considers the condition or, as the case may be, refusal appealed against to be reasonable, determine an appeal under subsection (1) by quashing the decision and directing the landlord to withdraw the condition (or to vary it in such manner as the Tribunal may specify) or, as the case may be, to consent to the application (with or without such conditions as the Tribunal may specify).

(4) In determining whether a condition or refusal appealed against under subsection (1) is reasonable, the First-tier Tribunal must, where the appeal relates to an application made for the purposes of section 52(2)(a), have regard to any code of practice issued by the Commission for Equality and Human Rights which relates to section 52 or 53.

(5) The First-tier Tribunal’s determination on an appeal under subsection (1) is final.”.

(2) Part 3 of schedule 1 makes minor and consequential amendments.

19 Landlord registration

(1) The 2004 Act is amended as follows.

(2) In section 92(2), for “sheriff” substitute “First-tier Tribunal”.

(3) In section 97—

(a) in subsection (1), for “sheriff” substitute “First-tier Tribunal”,

(b) in subsection (2), for “sheriff” substitute “First-tier Tribunal”.

(4) Part 4 of schedule 1 makes minor and consequential amendments.

20 Houses in multiple occupation

(1) The Scottish Ministers may by regulations—

(a) provide that the First-tier Tribunal may make an order of the kind mentioned in section 153(2) of the 2006 Act instead of the sheriff,

(b) provide that the following may be made to the First-tier Tribunal instead of the sheriff—

(i) appeals against decisions of local authorities to which section 158 of that Act applies,

(ii) applications to extend the period mentioned in paragraph 9(1) of schedule 4 to that Act,

(iii) applications for a warrant for the ejection of the occupant from land or premises where the occupant has not complied with a requirement under paragraph 2 of schedule 5 to that Act in relation to the land or premises.

(2) Regulations under subsection (1) may—

(a) disapply the following provisions of the 2006 Act—

(i) section 153(2),

(ii) section 159(1),

(iii) paragraph 9(2) of schedule 4,

(iv) paragraph 3(1) of schedule 5,

(b) make such other consequential modifications to the 2006 Act and any other enactment as the Scottish Ministers consider appropriate.