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
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
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.