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

CHAPTER 12 S Procedure in respect of private residential tenancy applications

Application to draw up terms of tenancy S

105.  Where the tenant makes an application under section 14(1) (to draw up terms where written terms have not been provided) of the 2016 Act, the application must—

(a) state—

(i) the name and address of the tenant;

(ii) the name, address and profession of any representative of the tenant; and

(iii) the name, address and registration number (if any) of the landlord;

(b) be accompanied by—

(i) a copy of the notification to the landlord as required under section 14(3) of the 2016 Act; and

(ii) a statement of the terms of the tenancy agreed between the landlord and tenant, whether verbally or in writing; and

(c) be signed and dated by the tenant or a representative of the tenant.

Commencement Information

I1 Sch. rule 105 in force at 1.12.2017, see reg. 1(2)

Application to draw up terms of tenancy where statutory term is unlawfully displaced S

106.  Where a person makes an application under section 14(2) (to draw up terms where statutory term is unlawfully displaced) of the 2016 Act, the application must—

(a) state—

(i) the name, address and registration number (if any) of the [F1 person];

(ii) the name, address and profession of any representative of the [F1 person];

(iii) the name and address of the other party to the private residential tenancy;

(iv) which of the statutory terms the [F2 person] considers has been displaced; and

(v) the reasons why the [F2 person] considers the statutory term has been displaced;

(b) be accompanied by—

(i) a copy of the written terms of tenancy or, if this is not available, as much information about the tenancy as the person can give; and

(ii) evidence to support that a statutory term has been unlawfully displaced; and

(c) be signed and dated by the [F3 person] or a representative of the [F3 person].

Textual Amendments

F1 Word in sch. rule 106(a)(i)(ii) substituted (1.12.2017) by The First-tier Tribunal for Scotland Housing and Property Chamber (Rules of Procedure) Amendment Regulations 2017 (S.S.I. 2017/369), regs. 1, 2(14)(a)

F2 Word in sch. rule 106(a)(iv)(v) substituted (1.12.2017) by The First-tier Tribunal for Scotland Housing and Property Chamber (Rules of Procedure) Amendment Regulations 2017 (S.S.I. 2017/369), regs. 1, 2(14)(b)

F3 Word in sch. rule 106(c) substituted (1.12.2017) by The First-tier Tribunal for Scotland Housing and Property Chamber (Rules of Procedure) Amendment Regulations 2017 (S.S.I. 2017/369), regs. 1, 2(14)(c)

Commencement Information

I2 Sch. rule 106 in force at 1.12.2017, see reg. 1(2)

Application for payment order where landlord has failed to provide information S

107.  Where the tenant makes an application under section 16(1) (to sanction failure to provide information) of the 2016 Act, the application must—

(a) state—

(i) the name and address of the tenant;

(ii) the name, address and profession of any representative of the tenant;

(iii) the name, address and registration number (if any) of the landlord; and

(iv) that the landlord has failed to provide the tenant with (either or both)—

(aa) a document setting out all the terms of the tenancy required under section 10(1);

(bb) information required under section 11,

of the 2016 Act;

(b) be accompanied by a copy of the notice given to the landlord under section 16(3)(c) of the 2016 Act; and

(c) be signed and dated by the tenant or a representative of the tenant.

Commencement Information

I3 Sch. rule 107 in force at 1.12.2017, see reg. 1(2)

Application to appeal rent set by the rent officer S

108.  Where a tenant or landlord makes an application under section 28(1) (to appeal the rent set by the rent officer) of the 2016 Act, the application must—

(a) state—

(i) the name, address and registration number (if any) of the tenant or landlord;

(ii) the name, address and profession of any representative of the tenant or landlord;

(iii) the name and address of the other party to the private residential tenancy; and

(iv) the reasons why the applicant is appealing against the rent officer’s order;

(b) be accompanied by—

(i) a copy of the rent officer’s order; and

(ii) a copy of the rent-increase notice upon which the referral to the rent officer was based; and

(c) be signed and dated by the tenant or landlord or a representative of the tenant or landlord.

Commencement Information

I4 Sch. rule 108 in force at 1.12.2017, see reg. 1(2)

Application for an eviction order S

109.  Where a landlord makes an application under section 51(1) (for an eviction order) of the 2016 Act, the application must—

(a) state—

(i) the name, address and registration number (if any) of the landlord;

(ii) the name, address and profession of any representative of the landlord;

(iii) the name and address of the tenant [F4 (if known)]; and

(iv) the ground or grounds for eviction;

(b) be accompanied by—

(i) evidence showing that the eviction ground or grounds has been met;

(ii) a copy of the notice to leave given to the tenant as required under section 52(3) of the 2016 Act; and

(iii) a copy of the notice given to the local authority as required under section 56(1) of the 2016 Act; and

[F5 (iv) a copy of Form BB (notice to the occupier) under schedule 6 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (if applicable), and]

(c) be signed and dated by the landlord or a representative of the landlord.

Textual Amendments

F4 Words in sch. rule 109(a)(iii) inserted (20.2.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2018 (S.S.I. 2018/378), regs. 1(2), 2(28)(a)

F5 Sch. rule 109(b)(iv) inserted (20.2.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2018 (S.S.I. 2018/378), regs. 1(2), 2(28)(b)

Commencement Information

I5 Sch. rule 109 in force at 1.12.2017, see reg. 1(2)

Application for a wrongful termination order S

110.  Where a former tenant makes an application under section 57(2) (wrongful termination by eviction order) or section 58(2) (wrongful termination without eviction order) of the 2016 Act, the application must—

(a) state—

(i) the name and address of the former tenant;

(ii) the name, address and profession of any representative of the former tenant; and

(iii) the name, address and registration number (if any) of the former landlord;

(b) be accompanied by evidence showing that the tenancy was unlawfully terminated; and

(c) be signed and dated by the former tenant or a representative of the former tenant.

Commencement Information

I6 Sch. rule 110 in force at 1.12.2017, see reg. 1(2)

Application for civil proceedings in relation to a private residential tenancy S

111.  Where a person makes any other application to the First-tier Tribunal by virtue of section 71(1) (First-tier Tribunal’s jurisdiction) of the 2016 Act, the application must—

(a) state—

(i) the name and address of the person;

(ii) the name and address of any other party; and

(iii) the reason for making the application;

(b) be accompanied by—

(i) evidence to support the application; and

(ii) a copy of any relevant document; and

(c) be signed and dated by the person.

Commencement Information

I7 Sch. rule 111 in force at 1.12.2017, see reg. 1(2)

Parties to be notified by the First-tier Tribunal S

112.— [F6 (1)] The parties to be notified by the First-tier Tribunal under rule 9(1) are, in relation to an application made under a section of the 2016 Act, the landlord (or former landlord) and the tenant (or former tenant).

[F7 (2) Additionally, in relation to an appeal under section 28 of the 2016 Act, against the order of a rent officer under section 25(1A) or (1B) of that Act, the rent officer is to be notified by the First-tier Tribunal under rule 9(1).

(3) This rule does not apply to an appeal under section 33C of the 2016 Act.]

Textual Amendments

F6 Sch. rule 112 renumbered as sch. rule 112(1) (24.1.2023) by The First-tier Tribunal for Scotland Housing and Property Chamber (Amendment) Regulations 2023 (S.S.I. 2023/6), regs. 1(1), 2(8)(a)

F7 Sch. rule 112(2)(3) inserted (24.1.2023) by The First-tier Tribunal for Scotland Housing and Property Chamber (Amendment) Regulations 2023 (S.S.I. 2023/6), regs. 1(1), 2(8)(b)

Commencement Information

I8 Sch. rule 112 in force at 1.12.2017, see reg. 1(2)

(1)

An application under rule 107 in relation to the landlord’s failure to provide the terms of the tenancy may only be made as part of an application under rule 105 in accordance with section 16(3)(b) of the Private Housing (Tenancies) (Scotland) Act 2016 (asp 19).