64Part 1 appealsS
(1)Any person aggrieved by a decision by a local authority—
(a)to serve a work notice,
(b)to serve a demolition notice,
(c)to carry out work in pursuance of—
(i)section 35(1)(b), or
(ii)section 36(1)(b),
other than, in either case, work for which no notice is required,
(d)to demand recovery of any expenses incurred in carrying out work authorised by—
(i)section 35, or
(ii)section 36,
(e)to serve a maintenance order,
(f)to approve or devise a maintenance plan or to vary or revoke such a plan, or
(g)to refuse to grant a certificate under section 60 in relation to any work required by a work notice,
may appeal to the sheriff within 21 days of the date specified in subsection (2).
(2)That date is—
(a)in the case of an appeal under paragraph (a), (b), (d) or (e) of subsection (1), the date on which the work notice, demolition notice, demand for recovery of expenses or, as the case may be, maintenance order is served on the appellant,
(b)in the case of an appeal under paragraph (c) or (g) of subsection (1), the date on which notice of proposed work or, as the case may be, of the decision to refuse to grant the certificate is served on the appellant, or
(c)in the case of an appeal under paragraph (f) of subsection (1), the date on which notice of the approval, devising, variation or revocation is served on the appellant.
(3)An appeal under subsection (1) may be made only by a person on whom the relevant work notice, notice of proposed work, demand for recovery of expenses, maintenance order or, as the case may be, notice of the approval, devising, variation or revocation of a maintenance plan is served under this Act.
(4)A landlord or a tenant aggrieved by a decision by a private rented housing committee—
(a)under section 24(1) (decision on [F1an] 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)), or
(f)to grant, or to refuse to grant, a certificate under section 60 in relation to any work required by a repairing standard enforcement order,
may appeal to the sheriff within 21 days of being notified of that decision.
[F2(4A)A third party applicant aggrieved by a decision by a private rented housing committee which—
(a)is mentioned in subsection (4)(a) to (f),
(b)was made following an application by the applicant under section 22(1A),
may appeal to the sheriff within 21 days of being notified of that decision.]
(5)A tenant [F3or a third party applicant] may appeal to the sheriff against a decision by the president of the private rented housing panel under section 23(1) within 21 days of being notified of that decision.
(6)A tenant aggrieved by a decision by a landlord—
(a)to impose any condition on a consent to carry out work in pursuance of section 52(2), or
(b)to refuse to consent to the carrying out of any such work,
may appeal to the sheriff within 6 months of being notified of that decision.
(7)The sheriff may, on cause shown, hear an appeal after the deadline set by subsection (1), (4), (5) or, as the case may be, (6).
Textual Amendments
F1Word in s. 64(4)(a) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 27(1)(a), 104(3); S.S.I. 2015/272, art. 2, sch.
F2S. 64(4A) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 27(1)(b), 104(3); S.S.I. 2015/272, art. 2, sch.
F3Words in s. 64(5) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 27(1)(c), 104(3); S.S.I. 2015/272, art. 2, sch.
Commencement Information
I1S. 64 wholly in force at 3.9.2007; s. 64 not in force at Royal Assent see s. 195(3); s. 64(6) in force at 4.12.2006 and s. 64(7) in force at 4.12.2006 for certain purposes by S.S.I. 2006/395, art. 2; s. 64(1)-(5)(7) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}