Paragraph 2

Scotland

(1)

The F1First-tier Tribunal may, in considering an application, make such inquiries as F2it thinks fit for the purposes of determining whether the landlord has complied with the duty imposed by section 14(1)(b) in relation to the house concerned.

(2)

Inquiries may be made about matters other than those to which the application relates.

(3)

Inquiries must include—

(a)

consideration of any timeous written representation made by or on behalf of the landlord F3, the tenant or, as the case may be, third party applicant ,

(b)

where the F4First-tier Tribunal receives a timeous request to make an oral representation, hearing any such representation made by or on behalf of the landlord F5, tenant or, as the case may be, third party applicant who made the request, and

(c)

consideration of any report about the state of repair of the house concerned which the First-tier Tribunal requests a third party to prepare.

(4)

A representation or request is timeous if it is received—

(a)

by the day specified F6in accordance with paragraph 1(1)(c), or

(b)

where a later day is specified F7in accordance with paragraph 1(2)(b) or (4)(b) , by that later day.

Annotations

Textual amendments

F1: Words in sch. 2 para. 2(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(c)(i)(aa) (with sch. 1)
F2: Words in sch. 2 para. 2(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(c)(i)(bb) (with sch. 1)
F3: Words in sch. 2 para. 2(3)(a) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(2)(a), 104(3); S.S.I. 2015/272, art. 2, sch.
F4: Words in sch. 2 para. 2(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(c)(ii) (with sch. 1)
F5: Words in sch. 2 para. 2(3)(b) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(2)(b), 104(3); S.S.I. 2015/272, art. 2, sch.
F6: Words in sch. 2 para. 2(4)(a) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(2)(c), 104(3); S.S.I. 2015/272, art. 2, sch.
F7: Words in sch. 2 para. 2(4)(b) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(2)(d), 104(3); S.S.I. 2015/272, art. 2, sch.

Notes on Schedule 2

Textual amendments

F1: Words in Sch. 2 heading substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(20)(a) (with sch. 1)