7(1)A tenant may withdraw an application under section 22(1) at any time (and the tenant is to be treated as having withdrawn it if the tenancy concerned is lawfully terminated).S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(2)Where an application is withdrawn before the [F2Chamber President has referred] the case to [F3the First-tier Tribunal] , the [F4Chamber President] may—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(3)Where an application is withdrawn after it has been referred to [F5the First-tier Tribunal, the First-tier Tribunal] may—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