Housing (Scotland) Act 2006

Recording and notification of decisions S

6 (1) This paragraph applies to any decision of [F1 the First-tier Tribunal] — S

(a) under section 24(1) (decision on [F2 an] 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 [F3 the 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 [F4 First-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 [F4 First-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, F5 ...

[F6 (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 [F7 First-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 [F8 or universal credit],

(b) a person providing services relating to housing benefit [F8 or universal credit] to, or authorised to discharge any function relating to housing benefit [F8 or universal credit] of—

(i) a local authority, or

(ii) an authority administering housing benefit [F8 or universal credit].

Textual Amendments

F1 Words in sch. 2 para. 6(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(g)(i) (with sch. 1)

F2 Word in sch. 2 para. 6(1)(a) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(5)(a), 104(3); S.S.I. 2015/272, art. 2, sch.

F3 Words in sch. 2 para. 6(2)(b)(i) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(g)(ii) (with sch. 1)

F4 Words in sch. 2 para. 6(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(g)(iii) (with sch. 1)

F5 Word in sch. 2 para. 6(3)(c) repealed (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(5)(b), 104(3); S.S.I. 2015/272, art. 2, sch.

F6 Sch. 2 para. 6(3)(d)(e) substituted for sch. 2 para. 6(3)(d) (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(5)(c), 104(3); S.S.I. 2015/272, art. 2, sch.

F7 Words in sch. 2 para. 6(4)(c) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(g)(iv) (with sch. 1)

F8 Words in Sch. 2 para. 6(5) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 7