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

CHAPTER 9 Procedure in respect of letting agent applications

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

93.  Where the Scottish Ministers make an application under section 33(3) (time limit for determining application) of the 2014 Act, the application must—

(a) state—

(i) the address of the Scottish Ministers;

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

(iii) the name, address and registration number (if any) of the person applying for registration as a letting agent;

(iv) the reasons why an extension is sought; and

(v) the date of receipt by the Scottish Ministers of the application under section 32 of the 2014 Act; and

(b) be signed and dated by the Scottish Ministers or a representative of the Scottish Ministers.

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

94.  Where a person makes an application under section 41(1) (appeals) of the 2014 Act, the application must—

(a) state—

(i) the name, address and letting agent registration number (if any) of the person;

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

(iii) the address of the Scottish Ministers;

(iv) the decision of the Scottish Ministers under section 32 (to refuse to enter that person in the register or to renew that person’s existing entry in the register) or under section 39 (to remove that person from the register) of the 2014 Act;

(v) the date the person was notified of that decision; and

(vi) the reasons why a person is appealing the decision of the Scottish Ministers;

(b) be made before the end of the period of 21 days beginning with the date of the notification of the decision; and

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

Application to enforce letting agent code of practice

95.  Where a tenant or landlord makes, or the Scottish Ministers make, an application under section 48(1) (applications to First-tier Tribunal to enforce code of practice) of the 2014 Act, the application must—

(a) state, in addition to the applicant’s reasons as required under section 48(3) of the 2014 Act—

(i) the name and address of the tenant, landlord or the Scottish Ministers;

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

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

(iv) the name, address and profession, if known, of any representative of the letting agent; and

(v) information as to any loss suffered by the applicant as a result of the failure to comply;

(b) be accompanied by a copy of the notification to the letting agent as required under section 48(4) of the 2014 Act; and

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

Parties to be notified by the First-tier Tribunal

96.  The parties to be notified by the First-tier Tribunal under rule 9(1) are, in relation to an application—

(a) under section 33(3) of the 2014 Act, the Scottish Ministers and the person applying for registration as a letting agent;

(b) under section 41(1) of the 2014 Act, either—

(i) the registered letting agent who has been removed from the register or had an application for registration refused; or

(ii) the person whose application for registration as a letting agent is refused,

and the Scottish Ministers; and

(c) under section 48(1) of the 2014 Act, the tenant, landlord (if a party to the proceedings) or the Scottish Ministers and the letting agent.

Letting agent enforcement orders

97.—(1) Where the First-tier Tribunal varies or revokes a letting agent enforcement order under section 49 of the 2014 Act, it will notify both parties in writing.

(2) Where the First-tier Tribunal notifies the Scottish Ministers under section 50(2) of the 2014 Act that a letting agent has failed to comply with a letting agent enforcement order, it will send both parties a copy of that notification.