There are currently no known outstanding effects for the Property Factors (Scotland) Act 2011, Section 18.
(1)The [F2Chamber President] must decide whether to––
(a)refer an application under section 17(1) to [F3the First-tier Tribunal] , or
(b)reject the application.
(2)The [F4Chamber President] may reject an application only if the [F4Chamber President] considers––
(a)that it is vexatious or frivolous,
(b)that the homeowner has not afforded the property factor a reasonable opportunity to resolve the dispute,
(c)where the homeowner has previously made an identical or substantially similar application in relation to the same property, that a reasonable period of time has not elapsed between the applications, or
(d)that the dispute to which the application relates has been resolved.
(3)The [F5Chamber President] must make a decision under subsection (1)––
(a)within 14 days of the [F6First-tier Tribunal’s] receipt of the application concerned, or
(b)where the [F5Chamber President] considers––
(i)that the decision cannot be made without further information, or
(ii)that there is a reasonable prospect of the dispute being resolved by the parties,
by such later date as the [F5Chamber President] considers reasonable.
(4)The [F7Chamber President] must, as soon as practicable after rejecting an application, give notice of the rejection––
(a)to the homeowner, and
(b)where the [F7Chamber President] is aware of the name and address of a person who acts for the homeowner in relation to the application, to that person.
(5)Such a notice must––
(a)set out the reasons for the rejection, and
(b)explain the procedure for appealing against it.
[F8(6)In this Act, “Chamber President” means Chamber President of the First-tier Tribunal for Scotland Housing and Property Chamber.]
Textual Amendments
F1S. 18 title substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 6 (with sch. 1 para. 5)
F2Words in s. 18(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Panel) Regulations 2016 (S.S.I. 2016/336), reg. 1(2), sch. 2 para. 4(a)
F3Words in s. 18(1)(a) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 5 (with sch. 1 para. 5)
F4Words in s. 18(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Panel) Regulations 2016 (S.S.I. 2016/336), reg. 1(2), sch. 2 para. 4(b)
F5Words in s. 18(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Panel) Regulations 2016 (S.S.I. 2016/336), reg. 1(2), sch. 2 para. 4(b)
F6Words in s. 18(3)(a) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Panel) Regulations 2016 (S.S.I. 2016/336), reg. 1(2), sch. 2 para. 4(c)
F7Words in s. 18(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Panel) Regulations 2016 (S.S.I. 2016/336), reg. 1(2), sch. 2 para. 4(b)
F8S. 18(6) inserted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Panel) Regulations 2016 (S.S.I. 2016/336), reg. 1(2), sch. 2 para. 4(d)
Commencement Information
I1S. 18 in force at 1.10.2012, see s. 33(2)
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