The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017

1. Introductory Text

2. 1. Citation and commencement

3. 2. Application of the First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2017

4. 3. Transitional provision

5. 4. Revocation

6. Signature

7. 1. SCHEDULE

      The First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2017

      1. PART 1 Rules common to all proceedings before the First-tier Tribunal

         1. 1. Application and interpretation

         2. 2. The overriding objective

         3. 3. Effect of the overriding objective

         4. 4. Application

         5. 5. Requirements for making an application

         6. 6. Service

         7. 7. Signature of document

         8. 8. Rejection of application

         9. 9. Notification of acceptance of application

         10. 10. Representatives

         11. 11. Supporters

         12. 12. Hearing two or more applications together

         13. 13. Amendment to a party’s written representations

         14. 14. Amendment raising new issues

         15. 15. Withdrawal of an application

         16. 16. Directions

         17. 17. Case management discussion

         18. 18. Power to determine the proceedings without a hearing

         19. 19. Mediation

         20. 20. Inquiries

         21. 21. Powers of the First-tier Tribunal to require production of evidence

         22. 22. Lodging of documents etc.

         23. 23. Documents at hearings

         24. 24. Hearings

         25. 25. Duties of chairing member at a hearing

         26. 26. Decisions of the First-tier Tribunal

         27. 27. Dismissal of a party’s case

         28. 28. Adjournment or postponement of a hearing

         29. 29. Hearing case in the absence of a party

         30. 30. Recall

         31. 31. Death, insolvency or incapacity of a party

         32. 32. Addition, substitution and removal of parties

         33. 33. Absence of a member of the First-tier Tribunal

         34. 34. Exclusion of persons disrupting proceedings

         35. 35. Prohibition on recording of proceedings by parties

         36. 36. Correction of clerical mistakes and accidental slips or omissions

         37. 37. Application for permission to appeal a decision of the First-tier Tribunal

         38. 38. First-tier Tribunal’s consideration of application for permission to appeal

         39. 39. Review of a decision

         40. 39A. Review of an order made under section 24C(1) of the 1988 Act

         41. 40. Expenses

         42. 41. Enforcement of decisions

      2. PART 2 Procedure in respect of homeowner applications

         1. 42. Application of Part 2 and interpretation

         2. 43. Application for determination of whether property factor has failed to comply with the 2011 Act

         3. 44. Inspections

         4. 45. Parties to be notified by the First-tier Tribunal

      3. PART 3 Procedure in respect of private rented applications

         1. CHAPTER 1 Procedure common to proceedings in respect of private rented applications

            1. 46. Application and interpretation

         2. CHAPTER 2 Procedure in respect of repairing standard applications

            1. 47. Application to contract out of the repairing standard

            2. 48. Application for determination of whether the landlord has failed to comply with the repairing standard

            3. 49. Application to order a person to cease obstructing a person from complying with the repairing standard

            4. 50. Application to appeal against a decision of the landlord

            5. 51. Need for additional work

            6. 52. Procedure for further applications

            7. 53. Inspections

            8. 54. Parties to be notified by the First-tier Tribunal

         3. CHAPTER 3 Procedure in respect of Landlord applications to the First-tier Tribunal

            1. 55. Application for assistance to exercise the landlord’s right of entry

            2. 56. Person authorised to enter

            3. 57. Decision to assist

            4. 58. Stopping assistance

         4. CHAPTER 4 Procedure in respect of adaptations of rented houses applications

            1. 59. Application to appeal the decision of a landlord in relation to adapting a rented house for a disabled person

            2. 60. Parties to be notified by the First-tier Tribunal

         5. CHAPTER 5 Procedure in respect of assured tenancy references to the First-tier Tribunal

            1. 61. Assured tenancy references to the First-tier Tribunal

            2. 62. Documents at assured tenancy reference hearings

            3. 63. Inspections

            4. 64. Parties to be notified by the First-tier Tribunal

         6. CHAPTER 6 Procedure in respect of assured tenancy applications

            1. 65. Application for order for possession in relation to assured tenancies

            2. 66. Application for order for possession upon termination of a short assured tenancy

            3. 67. Application to determine removal expenses

            4. 68. Application to provide written tenancy agreement and weekly rent book

            5. 69. Application for damages for unlawful eviction

            6. 70. Application for civil proceedings in relation to an assured tenancy under the 1988 Act

            7. 71. Parties to be notified by the First-tier Tribunal

         7. CHAPTER 7 Procedure in regulated tenancy references

            1. 72. Regulated tenancy references to the First-tier Tribunal

            2. 73. Inspection of dwellinghouse

            3. 74. Parties to be notified by the First-tier Tribunal

         8. CHAPTER 8 Procedure in respect of regulated tenancy and Part VII contract applications

            1. 75. Application to determine the statutory tenant after the death of a protected tenant

            2. 76. Application for the apportionment of the rateable value in relation to a protected tenancy

            3. 77. Application for possession

            4. 78. Application for compensation for misrepresentation or concealment by landlord

            5. 79. Application to evict an occupier upon termination of a tenancy

            6. 80. Application to adjust recoverable rent

            7. 81. Application to amend a rent increase notice

            8. 82. Application to rectify a rent book after determination of recoverable rent

            9. 83. Application to determine the rent limit

            10. 84. Application for apportionment of the rateable value in relation to a Part VII contract

            11. 85. Application to reduce the period of a notice to quit

            12. 86. Application to postpone the date of possession in relation to Part VII contracts

            13. 87. Application to recover unlawful premiums and loans

            14. 88. Application to modify a tenant’s right to shared accommodation

            15. 89. Application to alter the amount of rent where the right to shared accommodation is modified

            16. 90. Application to determine the application of the 1984 Act

            17. 91. Application for civil proceedings in relation to a regulated tenancy or Part VII contract under the 1984 Act

            18. 92. Parties to be notified by the First-tier Tribunal

         9. CHAPTER 9 Procedure in respect of letting agent applications

            1. 93. Application for extension of time limit to determine application for registration as a letting agent

            2. 94. Application to appeal decision by the Scottish Ministers to refuse to register or removal from register

            3. 95. Application to enforce letting agent code of practice

            4. 96. Parties to be notified by the First-tier Tribunal

            5. 97. Letting agent enforcement orders

         10. CHAPTER 10 Procedure in respect of landlord registration applications

             1. 98. Application for an extension of time limit to determine application for registration as a landlord

             2. 99. Application to appeal against refusal to register or removal from register

             3. 100. Application to appeal against a decision of the local authority to serve a notice that no rent is payable

             4. 101. Application to revoke a notice that no rent is payable

             5. 102. Parties to be notified by the First-tier Tribunal

         11. CHAPTER 11 Procedure in respect of tenancy deposit applications

             1. 103. Application for order for payment where landlord has not paid the deposit into an approved scheme

             2. 104. Parties to be notified by the First-tier Tribunal

         12. CHAPTER 12 Procedure in respect of private residential tenancy applications

             1. 105. Application to draw up terms of tenancy

             2. 106. Application to draw up terms of tenancy where statutory term is unlawfully displaced

             3. 107. Application for payment order where landlord has failed to provide information

             4. 108. Application to appeal rent set by the rent officer

             5. 109. Application for an eviction order

             6. 110. Application for a wrongful termination order

             7. 111. Application for civil proceedings in relation to a private residential tenancy

             8. 112. Parties to be notified by the First-tier Tribunal

      4. PART 4 Procedure in respect of prescribed property costs applications

         1. 113. Application and interpretation of Part 4

         2. 114. Modification of Part 1

         3. 115. Form of a prescribed property costs application

         4. 116. Notification of a prescribed property costs application

         5. 117. Production of evidence

         6. 118. Determination of a prescribed property costs application

         7. 119. Statement of reasons

         8. 120. Review of an order made by the First-tier Tribunal in relation to a prescribed property costs application

8. Explanatory Note