Part 1Housing standards

Chapter 4The repairing standard

Enforcement of repairing standard

F128AF2Landlord application to the First-tier Tribunal

(1)

A landlord may apply to the F3First-tier Tribunal for assistance under section 28C in exercising the landlord's right of entry to the house concerned under section 181(4).

(2)

The F4Chamber President must allocate an application under subsection (1) to an individual member of the F5First-tier Tribunal , and may subsequently reallocate it at any time to another individual member of the F5First-tier Tribunal (the member to whom it is, for the time being, allocated being referred to as “the F5First-tier Tribunal member”).

(3)

The F6First-tier Tribunal member must decide whether—

(a)

to assist the landlord in exercising the landlord's right of entry to the house concerned under section 181(4) in accordance with section 28C, or

(b)

to reject the application (and notify the landlord accordingly).

(4)

The F7First-tier Tribunal member may require the landlord to produce such further information as the F7First-tier Tribunal member considers necessary to reach a decision on the application.

(5)

Where the F8First-tier Tribunal member decides to assist the landlord under subsection (3)(a) the F8First-tier Tribunal member must send the landlord and the tenant a notice—

(a)

indicating that—

(i)

the F8First-tier Tribunal member has decided to assist the landlord, and

(ii)

the F8First-tier Tribunal member will be seeking to arrange a suitable time for the landlord to exercise the landlord's right of entry under section 181(4), and

(b)

informing the tenant of the tenant's right under subsection (6).

(6)

A tenant may, within the period of 14 days beginning with the date of receipt of a notice under subsection (5) (or such longer period as the F9First-tier Tribunal member considers appropriate in the circumstances), make representations to the F9First-tier Tribunal member as to why it is inappropriate or unnecessary for the landlord to exercise the landlord's right of entry under section 181(4) at that time.

(7)

Where representations are made by the tenant under subsection (6), the F10First-tier Tribunal member—

(a)

may make such further enquiries of the landlord and tenant as the F10First-tier Tribunal member considers appropriate, and

(b)

must decide whether to—

(i)

continue to assist the landlord, or

(ii)

stop assisting the landlord.

(8)

A decision—

(a)

to reject an application under subsection (3),

(b)

of the F11First-tier Tribunal member under subsection (7),

(c)

by the F11First-tier Tribunal member to stop acting in accordance with section 28C(9),

is final.

(9)

No application may be made under subsection (1) where the landlord is—

(a)

a local authority landlord (within the meaning of the Housing (Scotland) Act 2001 (asp 10)),

(b)

a registered social landlord (being a body registered in the register maintained under section 57 of that Act), or

(c)

Scottish Water.