SCHEDULE 2F1The First-Tier Tribunal: procedure etc.

(introduced by section 22)

Notification of referral

1

(1)

F2On receipt of a referral of a tenant’s application under section 23(1) the First-tier Tribunal must, as soon as practicable after receiving the reference, serve notice on the landlord and the tenant—

(a)

setting out the detail of the application in such manner as the F3First-tier Tribunal thinks fit,

F4(b)

stating that the Chamber President has referred the application to be heard by the First-tier Tribunal, and

(c)

specifying the day by which any—

(i)

written representations, or

(ii)

request to make oral representations,

must be made.

(2)

The day so specified—

(a)

must be at least 14 days after the day on which the notice is served, and

(b)

may, at the request of F5the landlord or the tenant , be changed to such later day as the F6First-tier Tribunal thinks fit.

(3)

The F7First-tier Tribunal must notify F8the landlord and the tenant of any change under sub-paragraph (2)(b).

F9(4)

In the case of an application under section 22(1A), the F10First-tier Tribunal must, in addition to carrying out the matters mentioned in sub-paragraphs (1) to (3)—

(a)

serve on the third party applicant a notice containing the matters mentioned in sub-paragraph (1)(a) to (c),

(b)

if the F10First-tier Tribunal thinks fit following a request of the third party applicant, change the day specified for the purposes of sub-paragraph (1)(c),

(c)

notify—

(i)

the third party applicant of any change under sub-paragraph (2)(b),

(ii)

the landlord and the tenant of any change under paragraph (b).

Inquiries

2

(1)

The F11First-tier Tribunal may, in considering an application, make such inquiries as F12it thinks fit for the purposes of determining whether the landlord has complied with the duty imposed by section 14(1)(b) in relation to the house concerned.

(2)

Inquiries may be made about matters other than those to which the application relates.

(3)

Inquiries must include—

(a)

consideration of any timeous written representation made by or on behalf of the landlord F13, the tenant or, as the case may be, third party applicant ,

(b)

where the F14First-tier Tribunal receives a timeous request to make an oral representation, hearing any such representation made by or on behalf of the landlord F15, tenant or, as the case may be, third party applicant who made the request, and

(c)

consideration of any report about the state of repair of the house concerned which the F14First-tier Tribunal requests a third party to prepare.

(4)

A representation or request is timeous if it is received—

(a)

by the day specified F16in accordance with paragraph 1(1)(c), or

(b)

where a later day is specified F17in accordance with paragraph 1(2)(b) or (4)(b) , by that later day.

Evidence

3

(1)

The F18First-tier Tribunal may, for the purposes of making inquiries, require the landlord, the tenant F19, third party applicant or any other person—

(a)

to attend a hearing of the F18First-tier Tribunal , at such time and place as the F18First-tier Tribunal may specify, for the purposes of giving evidence,

(b)

to give the F18First-tier Tribunal, by such day as F20it may specify, such documents or information as F20it may reasonably require.

F21(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to consult on provision for detecting fires

4

The F22First-tier Tribunal must, where the application relates to the standard of repair mentioned in section 13(1)(f), consult the chief officer of the F23Scottish Fire and Rescue Service.

Expenses

5

(1)

The Scottish Ministers may pay to any person such allowances and expenses as they may determine in respect of—

(a)

the person's attendance at a hearing of F24the First-tier Tribunal ,

(b)

the disclosure of anything required or requested by F25the First-tier Tribunal (including any report about the state of repair of a house which the F25First-tier Tribunal requests the person to prepare),

(c)

anything else which the person was required or requested to do for the purposes of or in connection with inquiries made by F26the First-tier Tribunal .

(2)

No such payments may be made to—

(a)

the landlord,

(b)

the tenant, or

F27(ba)

the third party applicant,

(c)

a representative of the landlord F28, tenant or third party applicant ,

other than payments of reasonable travelling expenses in respect of attendance at a hearing of F29the First-tier Tribunal .

Recording and notification of decisions

6

(1)

This paragraph applies to any decision of F30the First-tier Tribunal —

(a)

under section 24(1) (decision on F31an application),

(b)

to vary or revoke a repairing standard enforcement order (see section 25),

(c)

that a landlord has failed to comply with a repairing standard enforcement order (see section 26(1)),

(d)

to make or not to make a rent relief order (see section 26(2)(b)),

(e)

to revoke a rent relief order (see section 27(4)),

(f)

to consent under section 28(6) to the landlord entering into a tenancy or occupancy arrangement,

(g)

to grant, or to refuse to grant, a certificate under section 60.

(2)

A decision to which this paragraph applies—

(a)

may be reached by majority, and

(b)

must be recorded in a document which—

(i)

contains a full statement of the facts found by the F32the First-tier Tribunal and the reasons for its decision,

(ii)

explains the procedure, if any, for appealing the decision, and

(iii)

narrates the effect of section 63 (which sets the date from which the decision, and any order made or varied in pursuance of it, has effect).

(3)

The F33First-tier Tribunal must, as soon as reasonably practicable after making a decision to which this paragraph applies, serve notice of the decision on—

(a)

the landlord,

(b)

the tenant,

(c)

where the F33First-tier Tribunal is aware of the name and address of a person who acts for the tenant in relation to the tenant's application, that person, F34...

F35(d)

in the case of an application under section 22(1A), the third party applicant, and

(e)

the local authority (unless the local authority is the third party applicant in relation to the decision).

(4)

Such a notice must be accompanied by a copy of—

(a)

the document mentioned in sub-paragraph (2)(b),

(b)

any order made or varied, or certificate granted, in pursuance of the decision, and

(c)

any report which the F36First-tier Tribunal considered before making the decision.

(5)

The local authority is entitled to disclose any notice and any copy document, order, certificate or report it receives under this paragraph to—

(a)

an authority administering housing benefit F37or universal credit,

(b)

a person providing services relating to housing benefit F37or universal credit to, or authorised to discharge any function relating to housing benefit F37or universal credit of—

(i)

a local authority, or

(ii)

an authority administering housing benefit F37or universal credit.

Withdrawal of application

7

(1)

A tenant may withdraw an application under section 22(1) at any time (and the tenant is to be treated as having withdrawn it if the tenancy concerned is lawfully terminated).

F38(1A)

A third party applicant may withdraw an application under section 22(1A) at any time.

(2)

Where an application is withdrawn before the F39Chamber President has referred the case to F40the First-tier Tribunal , the F41Chamber President may—

(a)

abandon the application, or

(b)

despite the withdrawal, continue to refer the case to F40the First-tier Tribunal .

(3)

Where an application is withdrawn after it has been referred to F42the First-tier Tribunal, the First-tier Tribunal may—

(a)

abandon F43its consideration of the application, or

(b)

despite the withdrawal—

(i)

continue to determine the application, and

(ii)

if F44it does so by deciding that the landlord has failed to comply with the duty imposed by section 14(1), make and enforce a repairing standard enforcement order.

Procedure: further provision.

8

(1)

The Scottish Ministers may by regulations make further provision about the making or determination of applications under section 22(1) F45and 22(1A)

(2)

Those regulations may, in particular, provide that matters which are preliminary or incidental to the determination of such an application may be dealt with by any individual member of F46... F47the First-tier Tribunal alone.