Part 2Dispute resolution

Application and referral

I118F8Referral to the First-tier Tribunal

1

The F1Chamber President must decide whether to––

a

refer an application under section 17(1) to F7the First-tier Tribunal , or

b

reject the application.

2

The F2Chamber President may reject an application only if the F2Chamber President considers––

a

that it is vexatious or frivolous,

b

that the homeowner has not afforded the property factor a reasonable opportunity to resolve the dispute,

c

where the homeowner has previously made an identical or substantially similar application in relation to the same property, that a reasonable period of time has not elapsed between the applications, or

d

that the dispute to which the application relates has been resolved.

3

The F3Chamber President must make a decision under subsection (1)––

a

within 14 days of the F5First-tier Tribunal’s receipt of the application concerned, or

b

where the F3Chamber 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 F3Chamber President considers reasonable.

4

The F4Chamber President must, as soon as practicable after rejecting an application, give notice of the rejection––

a

to the homeowner, and

b

where the F4Chamber President is aware of the name and address of a person who acts for the homeowner in relation to the application, to that person.

5

Such a notice must––

a

set out the reasons for the rejection, and

b

explain the procedure for appealing against it.

F66

In this Act, “Chamber President” means Chamber President of the First-tier Tribunal for Scotland Housing and Property Chamber.