Housing (Scotland) Act 2006

Withdrawal of applicationS

7(1)A tenant may withdraw an application under section 22(1) at any time (and the tenant is to be treated as having withdrawn it if the tenancy concerned is lawfully terminated).S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(2)Where an application is withdrawn before the [F2Chamber President has referred] the case to [F3the First-tier Tribunal] , the [F4Chamber President] may—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(3)Where an application is withdrawn after it has been referred to [F5the First-tier Tribunal, the First-tier Tribunal] may—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.