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

S.S.I. 2017/328 · Made 5 October 2017 · Extends to Scotland

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 1 April 2026.

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reg. 2word omittedFirst-tier Tribunal for Scotland Housing and Property Chamber (Procedure) 2026 reg. 2(2)(a)
reg. 2(m) and wordinsertedFirst-tier Tribunal for Scotland Housing and Property Chamber (Procedure) 2026 reg. 2(2)(b)
sch. rule 1(2)words insertedFirst-tier Tribunal for Scotland Housing and Property Chamber (Procedure) 2026 reg. 2(3)(a)
sch. Pt. 5insertedFirst-tier Tribunal for Scotland Housing and Property Chamber (Procedure) 2026 reg. 2(3)(b)

Tribunals And Inquiries

Made 5th October 2017

Laid before the Scottish Parliament 6th October 2017

Coming into force 1st December 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 55(1) and 80(1) and paragraph 4(2) of schedule 9 of the Tribunals (Scotland) Act 2014f1 and all other powers enabling them to do so.

In accordance with paragraph 4(3) of schedule 9 of that Act, they have consulted the President of Tribunals and such other persons as they have considered appropriate.C1

Annotations to the whole text

Modifications

C1

Regulations modified (temp. until 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 8 (with ss. 1(2), 6, 7, 8) (as amended (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2))

Footnotes

f1

2014 asp 10.

Contents

  1. 1Citation and commencement
  2. 2Application of the First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2017
  3. 3Transitional provision
  4. 4Revocation
  5. Signature
  6. Schedule: The First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2017
  7. Part 1: Rules common to all proceedings before the First-tier Tribunal
  8. 1Application and interpretation
  9. 2The overriding objective
  10. 3Effect of the overriding objective
  11. 3ACompatibility question under the 2024 Act - raising, intimation and notice
  12. 4Application
  13. 5Requirements for making an application
  14. 5ATime limits
  15. 6Service
  16. 6AService by advertisement
  17. 7Signature of document
  18. 8Rejection of application
  19. 9Notification of acceptance of application
  20. 10Representatives
  21. 11Supporters
  22. 12Hearing two or more applications together
  23. 13Amendment to a party’s written representations
  24. 14Amendment raising new issues
  25. 14ARequest to amend the application in respect of matters other than new issues
  26. 15Withdrawal of an application
  27. 16Directions
  28. 16ARegulation of procedure
  29. 17Case management discussion
  30. 18Power to determine the proceedings without a hearing
  31. 19Mediation
  32. 20Inquiries
  33. 21Powers of the First-tier Tribunal to require production of evidence
  34. 22Lodging of documents etc.
  35. 23Documents at hearings
  36. 24Hearings
  37. 25Duties of chairing member at a hearing
  38. 26Decisions of the First-tier Tribunal
  39. 27Dismissal of a party’s case
  40. 28Adjournment or postponement of a hearing
  41. 29Hearing case in the absence of a party
  42. 30Recall
  43. 31Death, insolvency or incapacity of a party
  44. 32Addition, substitution and removal of parties
  45. 33Absence of a member of the First-tier Tribunal
  46. 34Exclusion of persons disrupting proceedings
  47. 35Prohibition on recording of proceedings by parties
  48. 36Correction of clerical mistakes and accidental slips or omissions
  49. 37Application for permission to appeal a decision of the First-tier Tribunal
  50. 38First-tier Tribunal’s consideration of application for permission to appeal
  51. 38AReference of compatibility question to the Court of Session
  52. 39Review of a decision
  53. 39AReview of an order made under section 24C(1) of the 1988 Act
  54. 40Expenses
  55. 41Enforcement of decisions
  56. 41AInterest on orders for payment
  57. 41BActions for removing from heritable property
  58. 41CNotice of date of removal
  59. 41DEvidence of service and notice
  60. 41EInventory of effects removed
  61. 41FExecution of order
  62. 41GNotice of interest claimed under the Debtors (Scotland) Act 1987
  63. 41HApplications for time to pay orders
  64. Part 2: Procedure in respect of homeowner applications
  65. 42Application of Part 2 and interpretation
  66. 43Application for determination of whether property factor has failed to comply with the 2011 Act
  67. 44Inspections
  68. 45Parties to be notified by the First-tier Tribunal
  69. Part 3: Procedure in respect of private rented applications
  70. Chapter 1: Procedure common to proceedings in respect of private rented applications
  71. 46Application and interpretation
  72. Chapter 2: Procedure in respect of repairing standard applications
  73. 47Application to contract out of the repairing standard
  74. 48Application for determination of whether the landlord has failed to comply with the repairing standard
  75. 49Application to order a person to cease obstructing a person from complying with the repairing standard
  76. 50Application to appeal against a decision of the landlord Repealed
  77. 51Need for additional work
  78. 52Procedure for further applications
  79. 53Inspections
  80. 54Parties to be notified by the First-tier Tribunal
  81. Chapter 3: Procedure in respect of Landlord applications to the First-tier Tribunal
  82. 55Application for assistance to exercise the landlord’s right of entry
  83. 56Person authorised to enter
  84. 57Decision to assist
  85. 58Stopping assistance
  86. Chapter 4: Procedure in respect of adaptations of rented houses applications
  87. 59Application 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
  88. 60Parties to be notified by the First-tier Tribunal
  89. Chapter 5: Procedure in respect of assured tenancy references to the First-tier Tribunal
  90. 61Assured tenancy references to the First-tier Tribunal
  91. 62Documents at assured tenancy reference hearings
  92. 63Inspections
  93. 64Parties to be notified by the First-tier Tribunal
  94. Chapter 6: Procedure in respect of assured tenancy applications
  95. 65Application for order for possession in relation to assured tenancies
  96. 66Application for order for possession upon termination of a short assured tenancy
  97. 66AApplication to modify a tenant’s right to shared accommodation
  98. 67Application to determine removal expenses
  99. 68Application to provide written tenancy agreement and weekly rent book
  100. 69Application for damages for unlawful eviction
  101. 70Application for civil proceedings in relation to an assured tenancy under the 1988 Act
  102. 71Parties to be notified by the First-tier Tribunal
  103. Chapter 7: Procedure in regulated tenancy references
  104. 72Regulated tenancy references to the First-tier Tribunal
  105. 73Inspection of dwellinghouse
  106. 74Parties to be notified by the First-tier Tribunal
  107. Chapter 8: Procedure in respect of regulated tenancy and Part VII contract applications
  108. 75Application to determine the statutory tenant after the death of a protected tenant
  109. 76Application for the apportionment of the rateable value in relation to a protected tenancy
  110. 77Application for possession
  111. 78Application for compensation for misrepresentation or concealment by landlord
  112. 79Application to evict an occupier upon termination of a tenancy
  113. 80Application to adjust recoverable rent
  114. 81Application to amend a rent increase notice
  115. 82Application to rectify a rent book after determination of recoverable rent
  116. 83Application to determine the rent limit
  117. 84Application for apportionment of the rateable value in relation to a Part VII contract
  118. 85Application to reduce the period of a notice to quit
  119. 86Application to postpone the date of possession in relation to Part VII contracts
  120. 87Application to recover unlawful premiums and loans
  121. 88Application to modify a tenant’s right to shared accommodation
  122. 89Application to alter the amount of rent where the right to shared accommodation is modified
  123. 90Application to determine the application of the 1984 Act
  124. 91Application for civil proceedings in relation to a regulated tenancy or Part VII contract under the 1984 Act
  125. 92Parties to be notified by the First-tier Tribunal
  126. Chapter 9: Procedure in respect of letting agent applications
  127. 93Application for extension of time limit to determine application for registration as a letting agent
  128. 94Application to appeal decision by the Scottish Ministers to refuse to register or removal from register
  129. 95Application to enforce letting agent code of practice
  130. 96Parties to be notified by the First-tier Tribunal
  131. 97Letting agent enforcement orders
  132. Chapter 10: Procedure in respect of landlord registration applications
  133. 98Application for an extension of time limit to determine application for registration as a landlord
  134. 99Application to appeal against refusal to register or removal from register
  135. 100Application to appeal against a decision of the local authority to serve a notice that no rent is payable
  136. 101Application to revoke a notice that no rent is payable
  137. 102Parties to be notified by the First-tier Tribunal
  138. Chapter 11: Procedure in respect of tenancy deposit applications
  139. 103Application for order for payment where landlord has failed to carry out duties in relation to tenancy deposits
  140. 104Parties to be notified by the First-tier Tribunal
  141. Chapter 12: Procedure in respect of private residential tenancy applications
  142. 105Application to draw up terms of tenancy
  143. 106Application to draw up terms of tenancy where statutory term is unlawfully displaced
  144. 107Application for payment order where landlord has failed to provide information
  145. 108Application to appeal rent set by the rent officer
  146. 109Application for an eviction order
  147. 110Application for a wrongful termination order
  148. 111Application for civil proceedings in relation to a private residential tenancy
  149. 112Parties to be notified by the First-tier Tribunal
  150. Part 4: Procedure in respect of prescribed property costs applications
  151. 113Application and interpretation of Part 4
  152. 114Modification of Part 1
  153. 115Form of a prescribed property costs application
  154. 116Notification of a prescribed property costs application
  155. 117Production of evidence
  156. 118Determination of a prescribed property costs application
  157. 119Statement of reasons
  158. 120Review of an order made by the First-tier Tribunal in relation to a prescribed property costs application
  159. Explanatory note