EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make further provision about the making of applications by landlords to the private rented housing panel under section 28A of the Housing (Scotland) Act 2006 (“the 2006 Act”) and about the deciding of those applications. The Regulations also make further provision about the actions that the panel member is to take under section 28C of that Act.
Regulation 3 sets out the information an application must contain and the documentation that must accompany it before it can be considered a valid application by the panel. The application must be signed and dated by the landlord or any representative appointed by the landlord. Regulation 2(4) allows for electronic signature where the application is transmitted by electronic communication (which is permitted by virtue of section 187 of the 2006 Act).
Regulation 4 permits both the landlord and tenant to be represented and requires notification of that fact to the panel and the other party.
In terms of regulation 5 a landlord can withdraw their application at any time by written notice to the panel and the tenant.
Regulation 6 sets out the grounds on which a panel member must reject an application. Where the panel member rejects the application, paragraph (2) means that the notice must set out the reasons for the decision.
If the landlord has indicated in the application that they wish to authorise another person to enter the house and the panel member does not consider that person to be a suitable person the panel member may in terms of regulation 7 permit the landlord to amend the application e.g. to substitute a different person.
Regulation 8 sets out additional information which must be contained in a notice under section 28A(5) of the 2006 Act.
Regulation 9 requires the panel member to send a notice to both the landlord and tenant if the panel member decides to stop assisting the landlord under section 28A(7) or 28C(9) of the 2006 Act and makes provision about the content of the notice.