Search Legislation

The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2016

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Interpretation
This section has no associated Policy Notes

35.  In this Part of the Rules—

the Act” means the Housing (Scotland) Act 2006(1);

“the 1984 Act” means the Rent (Scotland) Act 1984(2);

“the 1988 Act” means the Housing (Scotland) Act 1988(3);

“application” means an application under sections 22(1) or (1A)(4) or 28A(5) of the Act;

“assured tenancy” and “short assured tenancy” have the meanings assigned to them respectively by sections 12 and 32 of the 1988 Act and “statutory assured tenancy” has the meaning assigned to it by section 16 of the 1988 Act;

“assured tenancy reference to the First-tier Tribunal” means—

(a)

a reference by a landlord or a tenant under section 17(3) of the 1988 Act of a notice which has been served under section 17(2) of that Act (notice proposing terms of a statutory assured tenancy and, if appropriate, an adjustment of the rent to take account of the proposed terms);

(b)

a reference by a tenant under section 24(3) of the 1988 Act of a notice which has been served under section 24(1) of that Act (notice proposing an increase in rent under an assured tenancy);

(c)

a reference by a tenant under section 25A(4)(a)(6) of the 1988 Act of a notice which has been served on the tenant under section 25A(2) of that Act (notice proposing a new rent to take account of any sums payable by the tenant to the landlord in respect of council tax);

(d)

an application by a tenant under section 34(1) of the 1988 Act (application for a determination of the rent which the landlord might reasonably be expected to obtain under a short assured tenancy);

“dwelling-house” has the meaning given to it by section 17(7) of the 1984 Act;

“house” has the meaning given to it by section 194 of the Act;

“landlord” has the meaning given to it by section 194 of the Act;

“landlord’s duty” means the duty imposed by section 14(1) of the Act;

“the landlord’s right of entry” means the landlord’s right of entry to the house concerned under section 181(4) of the Act;

“living accommodation” has the meaning given to it by section 194 of the Act;

“Part VII contract” means a contract within the meaning of section 63(7) of the 1984 Act which has been referred by a party to the First-tier Tribunal under section 65 or 68 of that Act;

“proceedings” means the proceedings in relation to the making of a decision under section 23(1), 24(1), 25(1) or 26(1) or paragraph 7(2) or (3) of schedule 2 of the Act (including any preliminary issue);

“regulated tenancy reference” means a matter which is referred by a rent officer to the First-tier Tribunal under paragraph 7 or 12 of schedule 5 of the 1984 Act or an application for a certificate of fair rent which is referred by a rent officer to the First-tier Tribunal under paragraph 2 or 6 of schedule 6 of the 1984 Act or a Part VII contract;

“repairing standard enforcement order” means an order made under section 24 of the Act;

“section 14 duty” means the duty imposed by section 14(1) of the Act;

“tenancy” has the meaning given to it by section 194 of the Act;

“tenant” has the meaning given to it by section 194 of the Act; and

“third party applicant” has the meaning given to it by section 22(1A) of the Act.

(4)

Section 22(1A) was inserted by section 25(1)(a) of the Housing (Scotland) Act 2014 (asp 14).

(5)

Section 28A was inserted by section 35(4) of the Private Rented Housing (Scotland) Act 2011 (asp 14).

(6)

section 25A was inserted by S.S.I. 1993/658 and amended by paragraph 16 of schedule 6 of the Housing (Scotland) Act 2006 (asp 1).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources