Point in time view as at 01/02/2022.
There are currently no known outstanding effects for the Housing (Scotland) Act 2006, Cross Heading: 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7(1)A tenant may withdraw an application under section 22(1) at any time (and the tenant is to be treated as having withdrawn it if the tenancy concerned is lawfully terminated).S
[F1(1A)A third party applicant may withdraw an application under section 22(1A) at any time.]
(2)Where an application is withdrawn before the [F2Chamber President has referred] the case to [F3the First-tier Tribunal] , the [F4Chamber President] may—
(a)abandon the application, or
(b)despite the withdrawal, continue to refer the case to [F3the First-tier Tribunal] .
(3)Where an application is withdrawn after it has been referred to [F5the First-tier Tribunal, the First-tier Tribunal] may—
(a)abandon [F6its] consideration of the application, or
(b)despite the withdrawal—
(i)continue to determine the application, and
(ii)if [F7it 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.
Textual Amendments
F1Sch. 2 para. 7(1A) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(6), 104(3); S.S.I. 2015/272, art. 2, sch.
F2Words in sch. 2 para. 7(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(18)(b)(i) (with sch. 1 para. 5)
F3Words in sch. 2 para. 7(2) 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)(h)(i) (with sch. 1)
F4Words in sch. 2 para. 7(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(18)(b)(ii) (with sch. 1 para. 5)
F5Words in sch. 2 para. 7(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), (h)(ii)(aa) (with sch. 1)
F6Word in sch. 2 para. 7(3)(a) 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), (h)(ii)(bb) (with sch. 1)
F7Words in sch. 2 para. 7(3)(b)(ii) 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), (h)(ii)(cc) (with sch. 1)
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