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The Private Rented Housing Panel (Applications and Determinations) (Scotland) Regulations 2007

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Amendment raising new issues of disrepair

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23.—(1) Where the effect of any proposed amendment of the application by the tenant would be to introduce a new issue of disrepair, such amendment may only be made with the consent of the Committee and, subject to the provisions of these Regulations, on such conditions as the Committee thinks fit.

(2) No such amendment may be made until the tenant has notified the landlord that further work requires to be done for the purposes of complying with the landlord’s duty.

(3) Where an application is amended to include a new issue of disrepair, the landlord will be entitled to make written representations in response to the amendment, or request the opportunity to make oral representations, by a specified date not less than 14 days from the date on which intimation of the amendment is served.

(4) The tenant may also make further written representations or request the opportunity to make oral representations, by the specified date.

(5) The date by which such representations must be made may, at the request of either party, be changed to such later day as the Committee thinks fit.

(6) The Committee must notify both parties of any change under paragraph (5).

(7) Where an application is amended to include a new issue of disrepair, on the application of the landlord, the Committee will allow such further time as it considers reasonable for the necessary work to be completed.

(8) The period of time allowed under paragraph (7) will not, in any case, be less than 21 days.

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