PART 3Private rented housing

Enforcement of repairing standard

I127Appeals in relation to third party applications

1

In section 64 of the 2006 Act (Part 1 appeals)—

a

in subsection (4)(a), for “a tenant's” substitute “ an ”,

b

after subsection (4), insert—

4A

A third party applicant aggrieved by a decision by a private rented housing committee which—

a

is mentioned in subsection (4)(a) to (f),

b

was made following an application by the applicant under section 22(1A),

may appeal to the sheriff within 21 days of being notified of that decision.

c

in subsection (5), after “tenant” insert “ or a third party applicant ”.

2

In section 65(2) of the 2006 Act (determination of appeals), after “64(4)” insert “ , (4A) ”.

3

After section 66(3) of the 2006 Act (appeals procedure), insert—

3A

In an appeal by a landlord under section 64(4) which relates to a decision following an application under section 22(1A)—

a

the third party applicant is to be a party to the proceedings,

b

the tenant is entitled to be a party to the proceedings.

3B

In an appeal by a tenant under section 64(4) which relates to a decision following an application under section 22(1A), the landlord and the third party applicant are to be parties to the proceedings.

3C

In an appeal by a third party applicant under section 64(4A)—

a

the landlord is to be a party to the proceedings,

b

the tenant is entitled to be a party to the proceedings.