Part 2Dispute resolution

Application and referral

18F1Referral to the First-tier Tribunal

(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.