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

CHAPTER 3 S Procedure in respect of Landlord applications to the First-tier Tribunal

Application for assistance to exercise the landlord’s right of entry S

55.  Where a landlord makes an application under section 28A(1) of the 2006 Act, the application must—

(a) state—

(i) the name and address of the landlord;

(ii) that the application is made under that section;

(iii) the address of the house in respect of which the application is made;

(iv) the name, address and profession of any representative appointed by the landlord;

(v) a telephone number to enable contact to be made with the landlord or any representative appointed by the landlord and any email address which may be used for such contact;

(vi) the landlord registration number of the landlord or that an application for registration has been made in accordance with section 83 of the 2004 Act and has not been determined;

(vii) the name, telephone number (if known), and email address (if known) of the tenant;

(viii) that the tenant has been notified in writing that the landlord wishes to exercise the landlord’s right of entry;

(ix) that entry to the house is sought for the purpose of paragraph (a) of section 181(4) of the 2006 Act or of paragraph (b) of that section or of both;

(x) whether or not the landlord has, within the 12 months prior to the date of making of the application, made another application under section 28A(1) of the 2006 Act in respect of the same house; and

(xi) the name of any person the landlord intends to authorise to enter the house;

(b) be accompanied by a copy of—

(i) the lease or the tenancy agreement or, if these are not available, as much information about the tenancy as the landlord can give; and

(ii) the notification referred to in paragraph (a)(viii) and any subsequent correspondence relating to that notification; and

(c) be signed and dated by the landlord or by any representative appointed by the landlord.

Commencement Information

I1 Sch. para. 55 in force at 1.12.2017, see reg. 1(2)

Person authorised to enter S

56.  If the First-tier Tribunal does not consider the person that the landlord intends to authorise to enter the house to be a suitable person, it may allow the landlord to amend the application in this regard.

Commencement Information

I2 Sch. para. 56 in force at 1.12.2017, see reg. 1(2)

Decision to assist S

57.  Where the First-tier Tribunal decides to assist the landlord under subsection (3) of section 28A of the 2006 Act, the notice sent to the landlord and the tenant under subsection (5) of that section must, in addition to the information required under that subsection, state—

(a) the name and address of the landlord;

(b) the name and address of the landlord’s representative, if any;

(c) the name of the tenant and the address of the house;

(d) the name of any person the landlord intends to authorise to enter the house;

(e) whether the landlord is seeking entry to the house for the purpose of—

(i) viewing its state and condition for the purpose of determining whether the house meets the repairing standard;

(ii) carrying out any work necessary to comply with the duty in section 14(1)(b) of the 2006 Act; or

(iii) both; and

(f) that if the tenant (without reasonable excuse) fails or refuses, within a reasonable time, to—

(i) respond to the First-tier Tribunal, or

(ii) agree a suitable date and time (or dates and times) for the landlord to exercise the landlord’s right of entry,

the First-tier Tribunal may fix a date and time (or dates and times) for the landlord to exercise the landlord’s right of entry.

Commencement Information

I3 Sch. para. 57 in force at 1.12.2017, see reg. 1(2)

Stopping assistance S

58.  Where the First-tier Tribunal makes a decision to stop assisting the landlord under section 28A(7) or section 28C(9) of the 2006 Act, the First-tier Tribunal must notify the landlord and the tenant and that notice must state—

(a) the name and address of the landlord;

(b) the name and address of the landlord’s representative, if any;

(c) the name of the person the landlord intended to authorise to enter the house;

(d) the name of the tenant and the address of the house;

(e) the reason for the decision; and

(f) that in terms of section 28A(8) of the 2006 Act the decision to stop assisting the landlord is final.

Commencement Information

I4 Sch. para. 58 in force at 1.12.2017, see reg. 1(2)