Textual Amendments
F1Pt. 5A inserted (1.4.2026 for the purpose of inserting ss. 64B(1)(3), 64C(3), 64E, 64F, 64G, 64I(1)(3), 64J(3), 64L, 64M, 64N, and 64O to enable the Scottish Ministers to consult or make regulations) by Housing (Scotland) Act 2025 (asp 13), ss. 35(2), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
(1)A tenant may appeal to the First-tier Tribunal against—
(a)where the tenant was given notice in accordance with section 64B(2)—
(i)any condition specified in the notice (“consent condition”) on the ground that the condition is unreasonable,
(ii)any refusal of consent mentioned in the notice on the ground that the refusal is unreasonable, or
(b)where the tenant considers that section 64B(5) applies, the deemed refusal of consent.
(2)Before making the appeal, the tenant must give the landlord notice of—
(a)the tenant’s intention to make it, and
(b)whether the appeal will be against—
(i)one or more consent conditions and, if so, which, or
(ii)a refusal of consent (including any deemed refusal).
(3)The tenant’s notice under subsection (2) must fulfil any other requirements prescribed by the Scottish Ministers in regulations.
(4)The tenant’s notice under subsection (2) must be given to the landlord within a period of 42 days beginning with—
(a)where the tenant intends to appeal under subsection (1)(a)—
(i)the day on which the tenant was given notice in accordance with section 64B(2), or
(ii)where no such notice was given within the period required by the section, the expiry of that period,
(b)where the tenant intends to appeal under subsection (1)(b), the day on which consent is deemed to have been refused under section 64B(5).
(5)The appeal must be made within a period of 42 days beginning with the day on which the tenant gave notice to the landlord under subsection (2).
(6)The First-tier Tribunal may dismiss an appeal under this section if it is satisfied that—
(a)notice of the tenant’s intention to appeal was not given to the landlord in accordance with this section,
(b)the appeal was not made within the period required by subsection (5).]