Housing (Scotland) Act 2006

25 Variation and revocation of repairing standard enforcement orders S

(1) [F1 Where the First-tier Tribunal has made a repairing standard enforcement order, it] may, at any time—

(a) vary the order in such manner as [F2 it considers] reasonable, or

(b) where [F2 it considers] that the work required by the order is no longer necessary, revoke it.

(2) Where subsection (3) applies, the [F3 First-tier Tribunal] must vary the repairing standard enforcement order in question—

(a) so as to extend, or further extend, the period within which the work required by the order must be completed, and

(b) in such other manner as [F4 it thinks] fit.

(3) This subsection applies where—

(a) the [F5 First-tier Tribunal considers], on the submission of the landlord or otherwise, that the work required by a repairing standard enforcement order has not been, or will not be, completed during the period within which the order requires the work to be completed, and

(b) the [F6 First-tier Tribunal] —

(i) [F7 considers] that satisfactory progress has been made in carrying out the work required, or

(ii) [F8 has] received a written undertaking from the landlord stating that the work required will be completed by a later date which the [F6 First-tier Tribunal] consider satisfactory.

(4) References in this Act (including this section) to a repairing standard enforcement order or to work required by such an order are, where the order has been varied under this section, to be treated as references to the order as so varied or, as the case may be, to work required by the order as so varied.

Textual Amendments

F1 Words in s. 25(1) 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(6)(a)(i) (with Sch. 1)

F2 Words in s. 25(1) 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(6)(a)(ii) (with Sch. 1)

F3 Words in s. 25(2) 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(6)(b)(i) (with Sch. 1)

F4 Words in s. 25(2)(b) 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(6)(b)(ii) (with Sch. 1)

F5 Words in s. 25(3)(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(6)(c)(i) (with Sch. 1)

F6 Words in s. 25(3)(b) 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(6)(c)(ii)(aa) (with Sch. 1)

F7 Word in s. 25(3)(b)(i) 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(6)(c)(ii)(bb) (with Sch. 1)

F8 Word in s. 25(3)(b)(ii) 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(6)(c)(ii)(cc) (with Sch. 1)