- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
5.—(1) An application must be made by written notice and may be made on a form obtained from the offices of the panel.
(2) Where a tenant makes an application—
(a)in addition to the tenant’s reasons as required by section 22(2) of the Act(1) (reasons for considering that the landlord has failed to comply with the landlord’s duty), the application must state—
(i)the name and address of the tenant;
(ii)that the application is made under section 22(1) of the Act;
(iii)the name, address, and profession of any representative of the tenant;
(iv)the name of the landlord;
(v)the address of the landlord, or the name, address and profession, if known, of any representative of the landlord;
(vi)the landlord’s registration number, if known;
(vii)the nature of the work requiring to be done; and
(viii)that the landlord has been notified of the work; and
(b)the application must be signed by the tenant or by a representative of the tenant.
(3) Where a third party applicant makes an application—
(a)in addition to the third party applicant’s reasons as required by section 22(2) of the Act, the application must state—
(i)the name and address of the third party applicant;
(ii)that the application is made under section 22(1A) of the Act;
(iii)the name and address of the tenant;
(iv)the name, address and profession, if known, of any representative of the tenant;
(v)whether or not the tenant wants to be a party to the proceedings;
(vi)the name of the landlord;
(vii)the address of the landlord, or the name, address and profession, if known, of any representative of the landlord;
(viii)the landlord’s registration number, if known;
(ix)the nature of the work requiring to be done; and
(x)that the landlord has been notified of the work; and
(b)the application must be signed by the third party applicant or by a representative of the third party applicant.
(4) Where a property fails to meet the repairing standard in more than one respect, the applicant may raise multiple issues relating to the repairing standard in one application.
(5) The application must be accompanied by—
(a)a copy of the lease or tenancy agreement, or if these are not available as much information about the tenancy as the applicant can give;
(b)a copy of the notification referred to in paragraph (2)(a)(viii) or (3)(a)(x) and any subsequent correspondence relating to that notification.
Section 22(2) was amended by section 25(1) of the Housing (Scotland) Act 2014.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: