Search Legislation

The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017

Changes to legislation:

There are currently no known outstanding effects for the The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Application of the First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2017

  4. 3.Transitional provision

  5. 4.Revocation

  6. Signature

    1. SCHEDULE

      The First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2017

      1. PART 1 Rules common to all proceedings before the First-tier Tribunal

        1. 1.Application and interpretation

        2. 2.The overriding objective

        3. 3.Effect of the overriding objective

        4. 4.Application

        5. 5.Requirements for making an application

        6. 5A.Time limits

        7. 6.Service

        8. 6A.Service by advertisement

        9. 7.Signature of document

        10. 8.Rejection of application

        11. 9.Notification of acceptance of application

        12. 10.Representatives

        13. 11.Supporters

        14. 12.Hearing two or more applications together

        15. 13.Amendment to a party’s written representations

        16. 14.Amendment raising new issues

        17. 14A.Request to amend the application in respect of matters other than new issues

        18. 15.Withdrawal of an application

        19. 16.Directions

        20. 16A.Regulation of procedure

        21. 17.Case management discussion

        22. 18.Power to determine the proceedings without a hearing

        23. 19.Mediation

        24. 20.Inquiries

        25. 21.Powers of the First-tier Tribunal to require production of evidence

        26. 22.Lodging of documents etc.

        27. 23.Documents at hearings

        28. 24.Hearings

        29. 25.Duties of chairing member at a hearing

        30. 26.Decisions of the First-tier Tribunal

        31. 27.Dismissal of a party’s case

        32. 28.Adjournment or postponement of a hearing

        33. 29.Hearing case in the absence of a party

        34. 30.Recall

        35. 31.Death, insolvency or incapacity of a party

        36. 32.Addition, substitution and removal of parties

        37. 33.Absence of a member of the First-tier Tribunal

        38. 34.Exclusion of persons disrupting proceedings

        39. 35.Prohibition on recording of proceedings by parties

        40. 36.Correction of clerical mistakes and accidental slips or omissions

        41. 37.Application for permission to appeal a decision of the First-tier Tribunal

        42. 38.First-tier Tribunal’s consideration of application for permission to appeal

        43. 39.Review of a decision

        44. 39A.Review of an order made under section 24C(1) of the 1988 Act

        45. 40.Expenses

        46. 41.Enforcement of decisions

        47. 41A.Interest on orders for payment

        48. 41B.Actions for removing from heritable property

        49. 41C.Notice of date of removal

        50. 41D.Evidence of service and notice

        51. 41E.Inventory of effects removed

        52. 41F.Execution of order

        53. 41G.Notice of interest claimed under the Debtors (Scotland) Act 1987

        54. 41H.Applications for time to pay orders

      2. PART 2 Procedure in respect of homeowner applications

        1. 42.Application of Part 2 and interpretation

        2. 43.Application for determination of whether property factor has failed to comply with the 2011 Act

        3. 44.Inspections

        4. 45.Parties to be notified by the First-tier Tribunal

      3. PART 3 Procedure in respect of private rented applications

        1. CHAPTER 1 Procedure common to proceedings in respect of private rented applications

          1. 46.Application and interpretation

        2. CHAPTER 2 Procedure in respect of repairing standard applications

          1. 47.Application to contract out of the repairing standard

          2. 48.Application for determination of whether the landlord has failed to comply with the repairing standard

          3. 49.Application to order a person to cease obstructing a person from complying with the repairing standard

          4. 50.Application to appeal against a decision of the landlord

          5. 51.Need for additional work

          6. 52.Procedure for further applications

          7. 53.Inspections

          8. 54.Parties to be notified by the First-tier Tribunal

        3. CHAPTER 3 Procedure in respect of Landlord applications to the First-tier Tribunal

          1. 55.Application for assistance to exercise the landlord’s right of entry

          2. 56.Person authorised to enter

          3. 57.Decision to assist

          4. 58.Stopping assistance

        4. CHAPTER 4 Procedure in respect of adaptations of rented houses applications

          1. 59.Application to appeal the decision of a landlord in relation to adapting a rented house or carrying out work to improve the energy efficiency of the house

          2. 60.Parties to be notified by the First-tier Tribunal

        5. CHAPTER 5 Procedure in respect of assured tenancy references to the First-tier Tribunal

          1. 61.Assured tenancy references to the First-tier Tribunal

          2. 62.Documents at assured tenancy reference hearings

          3. 63.Inspections

          4. 64.Parties to be notified by the First-tier Tribunal

        6. CHAPTER 6 Procedure in respect of assured tenancy applications

          1. 65.Application for order for possession in relation to assured tenancies

          2. 66.Application for order for possession upon termination of a short assured tenancy

          3. 66A.Application to modify a tenant’s right to shared accommodation

          4. 67.Application to determine removal expenses

          5. 68.Application to provide written tenancy agreement and weekly rent book

          6. 69.Application for damages for unlawful eviction

          7. 70.Application for civil proceedings in relation to an assured tenancy under the 1988 Act

          8. 71.Parties to be notified by the First-tier Tribunal

        7. CHAPTER 7 Procedure in regulated tenancy references

          1. 72.Regulated tenancy references to the First-tier Tribunal

          2. 73.Inspection of dwellinghouse

          3. 74.Parties to be notified by the First-tier Tribunal

        8. CHAPTER 8 Procedure in respect of regulated tenancy and Part VII contract applications

          1. 75.Application to determine the statutory tenant after the death of a protected tenant

          2. 76.Application for the apportionment of the rateable value in relation to a protected tenancy

          3. 77.Application for possession

          4. 78.Application for compensation for misrepresentation or concealment by landlord

          5. 79.Application to evict an occupier upon termination of a tenancy

          6. 80.Application to adjust recoverable rent

          7. 81.Application to amend a rent increase notice

          8. 82.Application to rectify a rent book after determination of recoverable rent

          9. 83.Application to determine the rent limit

          10. 84.Application for apportionment of the rateable value in relation to a Part VII contract

          11. 85.Application to reduce the period of a notice to quit

          12. 86.Application to postpone the date of possession in relation to Part VII contracts

          13. 87.Application to recover unlawful premiums and loans

          14. 88.Application to modify a tenant’s right to shared accommodation

          15. 89.Application to alter the amount of rent where the right to shared accommodation is modified

          16. 90.Application to determine the application of the 1984 Act

          17. 91.Application for civil proceedings in relation to a regulated tenancy or Part VII contract under the 1984 Act

          18. 92.Parties to be notified by the First-tier Tribunal

        9. CHAPTER 9 Procedure in respect of letting agent applications

          1. 93.Application for extension of time limit to determine application for registration as a letting agent

          2. 94.Application to appeal decision by the Scottish Ministers to refuse to register or removal from register

          3. 95.Application to enforce letting agent code of practice

          4. 96.Parties to be notified by the First-tier Tribunal

          5. 97.Letting agent enforcement orders

        10. CHAPTER 10 Procedure in respect of landlord registration applications

          1. 98.Application for an extension of time limit to determine application for registration as a landlord

          2. 99.Application to appeal against refusal to register or removal from register

          3. 100.Application to appeal against a decision of the local authority to serve a notice that no rent is payable

          4. 101.Application to revoke a notice that no rent is payable

          5. 102.Parties to be notified by the First-tier Tribunal

        11. CHAPTER 11 Procedure in respect of tenancy deposit applications

          1. 103.Application for order for payment where landlord has failed to carry out duties in relation to tenancy deposits

          2. 104.Parties to be notified by the First-tier Tribunal

        12. CHAPTER 12 Procedure in respect of private residential tenancy applications

          1. 105.Application to draw up terms of tenancy

          2. 106.Application to draw up terms of tenancy where statutory term is unlawfully displaced

          3. 107.Application for payment order where landlord has failed to provide information

          4. 108.Application to appeal rent set by the rent officer

          5. 109.Application for an eviction order

          6. 110.Application for a wrongful termination order

          7. 111.Application for civil proceedings in relation to a private residential tenancy

          8. 112.Parties to be notified by the First-tier Tribunal

      4. PART 4 Procedure in respect of prescribed property costs applications

        1. 113.Application and interpretation of Part 4

        2. 114.Modification of Part 1

        3. 115.Form of a prescribed property costs application

        4. 116.Notification of a prescribed property costs application

        5. 117.Production of evidence

        6. 118.Determination of a prescribed property costs application

        7. 119.Statement of reasons

        8. 120.Review of an order made by the First-tier Tribunal in relation to a prescribed property costs application

  7. Explanatory Note

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources