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

Documents

66.—(1) Where a regulated tenancy reference is to be subject to a hearing, the First-tier Tribunal shall take all reasonable steps to ensure that there is supplied to each of the parties before the date of the hearing—

(a) a copy of, or sufficient extracts from, or particulars of, any document relevant to the reference which has been received from the rent officer or from a party (other than a document which is already in the possession of the party or of which the party has previously been supplied with a copy by the rent officer); and

(b) a copy of any document which embodies results of any enquiries made by or for the First-tier Tribunal for the purposes of that reference, or which contains relevant information in relation to fair rents previously determined for other dwelling-houses and which has been prepared for the First-tier Tribunal for the purposes of that reference.

(2) At any hearing where—

(a) any document relevant to the reference is not in the possession of a party present at the hearing; and

(b) that party has not been supplied with a copy of, or relevant extracts from, or particulars of, the document by the rent officer or by the First-tier Tribunal in accordance with the provisions of paragraph (1) of this rule, then unless—

(i) the party consents to the continuation of the hearing; or

(ii) the First-tier Tribunal consider that the party has a sufficient opportunity of dealing with the document without an adjournment of the hearing,

the First-tier Tribunal shall not consider the document until after it has adjourned the hearing for a period which it considers will afford the party a sufficient opportunity of dealing with the document.

(3) Where a reference is not to be subject to a hearing the First-tier Tribunal shall supply to each of the parties a copy of, or sufficient extracts from, or particulars of, any such document as is mentioned in paragraph (1)(a) of this rule (other than a document excepted from that paragraph) and a copy of any such document as is mentioned in paragraph (1)(b) of this rule, and it shall not reach its decision until it is satisfied that each party has been given a sufficient opportunity of commenting upon any document of which a copy or from which extracts or of which particulars has or have been so supplied, and upon the other party’s case.