The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2016 No. 339

SCHEDULE 1 The First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2016

PART 3 Procedure in respect of private rented applications

Procedure in respect of Repairing Standard Applications

Death, insolvency or incapacity of a party

53.—(1) Where a party dies, becomes insolvent, or becomes subject to a legal incapacity, while an application is under consideration, a person claiming to represent that party or that party’s estate may apply to be a party to the cause.

(2) For the purposes of paragraph (1) a person is insolvent if—

(a) the person’s estate is sequestrated;

(b) the person has granted a trust deed for creditors; or

(c) the person is the subject of another kind of arrangement analogous to those described in sub-paragraphs (a) and (b), anywhere in the world.

(3) The First-tier Tribunal may continue to consider and determine the application despite the death, insolvency or legal incapacity of either the landlord or the tenant.