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)Subsection (2) applies in relation to an appeal under section 64J(1)(a)(i) against one or more consent conditions.
(2)If the First-tier Tribunal decides that—
(a)any such condition is unreasonable, it may make a consent order,
(b)each such condition is reasonable, it may dismiss the appeal.
(3)Subsection (4) applies in relation to an appeal under section 64J(1)(a)(ii) against a refusal of consent.
(4)If the First-tier Tribunal decides that—
(a)the refusal is unreasonable, it may make a consent order,
(b)the refusal is reasonable, it may dismiss the appeal.
(5)Subsection (6) applies in relation to an appeal under section 64J(1)(b) against a deemed refusal of consent.
(6)If the First-tier Tribunal—
(a)is satisfied that the landlord in question is deemed to have refused such consent and decides that—
(i)the deemed refusal is unreasonable, it may make a consent order,
(ii)the deemed refusal is reasonable, it may dismiss the appeal,
(b)is not satisfied that the landlord is deemed to have refused consent, it may dismiss the appeal.
(7)In this section, a “consent order”, in relation to an appeal by a tenant under section 64J(1), means an order requiring the landlord to give the tenant notice that the landlord consents to the tenant making the category 2 change to which the appeal relates with or without such conditions as the First-tier Tribunal may specify.]