Property Factors (Scotland) Act 2011

18 [F1Referral to the First-tier Tribunal] S

This section has no associated Explanatory Notes

(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

Commencement Information

I1S. 18 in force at 1.10.2012, see s. 33(2)