Part 1Housing standards
Chapter 4The repairing standard
Enforcement of repairing standard
28AF1Landlord application to private rented housing panel
1
A landlord may apply to the private rented housing panel for assistance under section 28C in exercising the landlord's right of entry to the house concerned under section 181(4).
2
The president of the panel must allocate an application under subsection (1) to an individual member of the panel, and may subsequently reallocate it at any time to another individual member of the panel (the member to whom it is, for the time being, allocated being referred to as “the panel member”).
3
The panel member must decide whether—
a
to assist the landlord in exercising the landlord's right of entry to the house concerned under section 181(4) in accordance with section 28C, or
b
to reject the application (and notify the landlord accordingly).
4
The panel member may require the landlord to produce such further information as the panel member considers necessary to reach a decision on the application.
5
Where the panel member decides to assist the landlord under subsection (3)(a) the panel member must send the landlord and the tenant a notice—
a
indicating that—
i
the panel member has decided to assist the landlord, and
ii
the panel member will be seeking to arrange a suitable time for the landlord to exercise the landlord's right of entry under section 181(4), and
b
informing the tenant of the tenant's right under subsection (6).
6
A tenant may, within the period of 14 days beginning with the date of receipt of a notice under subsection (5) (or such longer period as the panel member considers appropriate in the circumstances), make representations to the panel member as to why it is inappropriate or unnecessary for the landlord to exercise the landlord's right of entry under section 181(4) at that time.
7
Where representations are made by the tenant under subsection (6), the panel member—
a
may make such further enquiries of the landlord and tenant as the panel member considers appropriate, and
b
must decide whether to—
i
continue to assist the landlord, or
ii
stop assisting the landlord.
8
A decision—
a
to reject an application under subsection (3),
b
of the panel member under subsection (7),
c
by the panel member to stop acting in accordance with section 28C(9),
is final.
9
No application may be made under subsection (1) where the landlord is—
a
a local authority landlord (within the meaning of the Housing (Scotland) Act 2001 (asp 10)),
b
a registered social landlord (being a body registered in the register maintained under section 57 of that Act), or
c
Scottish Water.