The Private Rented Housing Panel (Tenant and Third Party Applications) (Scotland) Regulations 2015

PART 2 Applications to the panel

Application

5.—(1) An application must be made by written notice and may be made on a form obtained from the offices of the panel.

(2) Where a tenant makes an application—

(a) in addition to the tenant’s reasons as required by section 22(2) of the Act(1) (reasons for considering that the landlord has failed to comply with the landlord’s duty), the application must state—

(i) the name and address of the tenant;

(ii) that the application is made under section 22(1) of the Act;

(iii) the name, address, and profession of any representative of the tenant;

(iv) the name of the landlord;

(v) the address of the landlord, or the name, address and profession, if known, of any representative of the landlord;

(vi) the landlord’s registration number, if known;

(vii) the nature of the work requiring to be done; and

(viii) that the landlord has been notified of the work; and

(b) the application must be signed by the tenant or by a representative of the tenant.

(3) Where a third party applicant makes an application—

(a) in addition to the third party applicant’s reasons as required by section 22(2) of the Act, the application must state—

(i) the name and address of the third party applicant;

(ii) that the application is made under section 22(1A) of the Act;

(iii) the name and address of the tenant;

(iv) the name, address and profession, if known, of any representative of the tenant;

(v) whether or not the tenant wants to be a party to the proceedings;

(vi) the name of the landlord;

(vii) the address of the landlord, or the name, address and profession, if known, of any representative of the landlord;

(viii) the landlord’s registration number, if known;

(ix) the nature of the work requiring to be done; and

(x) that the landlord has been notified of the work; and

(b) the application must be signed by the third party applicant or by a representative of the third party applicant.

(4) Where a property fails to meet the repairing standard in more than one respect, the applicant may raise multiple issues relating to the repairing standard in one application.

(5) The application must be accompanied by—

(a) a copy of the lease or tenancy agreement, or if these are not available as much information about the tenancy as the applicant can give;

(b) a copy of the notification referred to in paragraph (2)(a)(viii) or (3)(a)(x) and any subsequent correspondence relating to that notification.

Representation

6.—(1) A party may act in person or be represented by a person appointed by them in connection with anything that these Regulations require or permit them to do.

(2) Where a representative begins to act for a party, the representative must immediately notify the committee and the other party or parties of that fact.

(3) Where a representative ceases to act for a party, the representative or the party must immediately notify the committee and the other party or parties of that fact, and of the name and address of any new representative (if known).

(4) Notification under paragraphs (2) and (3) may be given orally at a hearing to the committee and to any other party present, but must otherwise be given in writing.

(5) If the committee is satisfied that there is a good reason to do so, it may refuse to permit a particular person to assist or represent a party at a hearing.

Mediation

7.  The president must, in cases identified by the president as suitable for mediation—

(a) bring to the attention of the parties the availability of mediation as an alternative procedure for the resolution of the dispute;

(b) provide information explaining what mediation involves; and

(c) if the parties consent to mediation, facilitate that mediation.

(1)

Section 22(2) was amended by section 25(1) of the Housing (Scotland) Act 2014.