Housing (Scotland) Act 2006 (asp 1)

Part 1SHousing standards

Chapter 4SThe repairing standard

Enforcement of repairing standardS

23[F1Consideration of applications]S

(1)[F2The Chamber President] must decide whether to—

(a)refer an application under section 22(1) [F3or 22(1A)] to [F4the First-tier Tribunal] , or

(b)reject the application.

(2)The [F5Chamber President] may reject an application only if the [F5Chamber President] considers—

(a)that it is vexatious or frivolous,

(b)where the tenant [F6or third party applicant] has previously made an identical or substantially similar application in relation to the same house, that there has not been a reasonable period of time between the applications, or

(c)that the dispute to which the application relates has been resolved.

(3)The [F7Chamber President] must make a decision under subsection (1)—

(a)within 14 days of the [F8First-tier Tribunal’s] receipt of the application concerned, or

(b)where the [F9Chamber President] considers—

(i)that the decision cannot be made without further information, or

(ii)that there is a reasonable prospect of the dispute being resolved by the parties,

by such later date as the [F10Chamber President] considers reasonable.

(4)The [F11Chamber President] must, as soon as practicable after rejecting an application [F12under section 22(1)] give notice of the rejection—

(a)to the tenant, and

(b)where the [F11Chamber President] is aware of the name and address of a person who acts for the tenant in relation to the application, to that person.

[F13(4A)The [F14Chamber President] must, as soon as practicable after rejecting an application under section 22(1A) give notice of the rejection to—

(a)the third party applicant, and

(b)the tenant.]

(5)[F15A notice under subsection (4) or (4A)] must—

(a)set out the reasons for the rejection, and

(b)explain the procedure for appealing against it.

Textual Amendments

F1S. 23 heading substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(5) (with sch. 1 para. 5)

F2Words in s. 23(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(4)(a) (with sch. 1 para. 5)

F3Words in s. 23(1) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(a), 104(3); S.S.I. 2015/349, art. 3, sch.

F4Words in s. 23(1)(a) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(3) (with sch. 1)

F5Words in s. 23(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(4)(b) (with sch. 1 para. 5)