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The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017

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PART 2Procedure in respect of homeowner applications

Application of Part 2 and interpretation

42.—(1) This Part of the Rules applies to proceedings before the First-tier Tribunal when exercising the functions transferred to it by—

(a)regulation 3(1) of the First-tier Tribunal (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016(1); and

(b)regulation 3(1) of the First-tier Tribunal (Transfer of Functions of the Homeowner Housing Panel) Regulations 2016(2).

(2) In this Part of the Rules, where terms are used which are defined terms in the 2011 Act, the definitions in that Act in respect of those terms apply to this Part.

Application for determination of whether property factor has failed to comply with the 2011 Act

43.—(1) In addition to the homeowner’s reasons as required by section 17(2) of the 2011 Act, the application must state—

(a)the name and address of the homeowner;

(b)that the application is made under section 17(1) (application to the First-tier Tribunal) of that Act;

(c)the name, address and profession of the representative of the homeowner, if any;

(d)the name of the property factor and, if known, the property factor registered number;

(e)the address of the property factor, or, if known, the name and address and profession of the property factor’s representative (if any); and

(f)the homeowner’s concern.

(2) The homeowner must attach to the application a copy of—

(a)the notification from the homeowner to the property factor for the purposes of section 17(3)(a) of the 2011 Act;

(b)any response in writing provided by or on behalf of the property factor to that notification;

(c)any other correspondence between the homeowner and the property factor relating to the homeowner’s concern; and

(d)any statement of services provided by the property factor to the homeowner as required by the property factor code of conduct.

(3) The application must be signed and dated by the homeowner or by the homeowner’s representative.

(4) In this rule, “homeowner’s concern” means the homeowner’s reason for considering that the property factor has failed to carry out the property factor’s duties or, as the case may be, to comply with the section 14 duty.

Inspections

44.—(1) An inspection of the land to which the application relates may be carried out at any time during the proceedings.

(2) The First-tier Tribunal may make or commission such further inspections as it considers appropriate to enable it to determine whether the property factor has complied with a property factor enforcement order.

(3) An inspection may be carried out by one or more members of the First-tier Tribunal or by any person authorised by the First-tier Tribunal to carry out such an inspection.

(4) The First-tier Tribunal must give in writing sufficient notice of an inspection to the party.

(5) The parties and the representative of each party are entitled to attend the inspection.

Parties to be notified by the First-tier Tribunal

45.  The parties to be notified by the First-tier Tribunal under rule 9(1) are, in relation to an application made under a section of the 2011 Act, the homeowner and the property factor.

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