Housing (Scotland) Act 1988

61 Refusal of applications

(1) Where a landlord on which an application has been served—

(a) disputes the applicant’s right under this Part of this Act it shall, by notice (in this Part of this Act referred to as a “notice of refusal”) served within one month after service of the application, refuse the application;

(b) after reasonable inquiry (which shall include reasonable opportunity for the applicant to amend the application), considers that any of the information contained in the application is incorrect in a material particular, it shall, by notice of refusal served within 2 months after the application, refuse the application.

(2) A notice of refusal shall specify the grounds on which the landlord disputes the applicant’s right under this Part of this Act or, as the case may be, the correctness of the information.

(3) Where a landlord serves a notice of refusal on an applicant, the applicant may, within one month thereafter apply to the Lands Tribunal for a finding that the applicant is entitled to exercise the right conferred by this Part on such terms as it may determine.