Paragraph 7

Scotland

(1)

A tenant may withdraw an application under section 22(1) at any time (and the tenant is to be treated as having withdrawn it if the tenancy concerned is lawfully terminated).

F1(1A)

A third party applicant may withdraw an application under section 22(1A) at any time.

(2)

Where an application is withdrawn before the F2Chamber President has referred the case to F3the First-tier Tribunal , the F4Chamber President may—

(a)

abandon the application, or

(b)

despite the withdrawal, continue to refer the case to the First-tier Tribunal .

(3)

Where an application is withdrawn after it has been referred to F5the First-tier Tribunal, the First-tier Tribunal may—

(a)

abandon F6its consideration of the application, or

(b)

despite the withdrawal—

(i)

continue to determine the application, and

(ii)

if F7it does so by deciding that the landlord has failed to comply with the duty imposed by section 14(1), make and enforce a repairing standard enforcement order.

Annotations

Textual amendments

F1: Sch. 2 para. 7(1A) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(6), 104(3); S.S.I. 2015/272, art. 2, sch.
F2: Words in sch. 2 para. 7(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(18)(b)(i) (with sch. 1 para. 5)
F3: Words in sch. 2 para. 7(2) 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)(h)(i) (with sch. 1)
F4: Words in sch. 2 para. 7(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(18)(b)(ii) (with sch. 1 para. 5)
F5: Words in sch. 2 para. 7(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), (h)(ii)(aa) (with sch. 1)
F6: Word in sch. 2 para. 7(3)(a) 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), (h)(ii)(bb) (with sch. 1)
F7: Words in sch. 2 para. 7(3)(b)(ii) 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), (h)(ii)(cc) (with sch. 1)

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)