# Housing (Scotland) Act 2006, Section 22: Application in respect of the repairing standard

Extent: S

(1) A tenant may apply to the First-tier Tribunal for determination of whether the landlord has failed to comply with the duty imposed by section 14(1)(b).
(1A) A person mentioned in subsection (1B) may apply to the First-tier Tribunal for determination of whether a landlord has failed to comply with the duty imposed by section 14(1)(b) (a person who makes such an application being referred to as a “third party applicant”).
(1B) The persons are—
(a) a local authority,
(b) a person specified by order made by the Scottish Ministers.
(2) An application under subsection (1) or (1A) must set out the tenant's, or as the case may be, the third party applicant's reasons for considering that the landlord has failed to comply with that duty.
(3) No application under this section may be made unless the person making the application has notified the landlord that work requires to be carried out for the purpose of complying with that duty.
(4) No application under this section may be made where the landlord is—
(a) a local authority landlord (within the meaning of the Housing (Scotland) Act 2001 (asp 10)),
(b) a registered social landlord (being a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010 (asp 17)),
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Scottish Water.
(4A) The tenant of the house concerned is entitled to be a party in the determination of any application made under subsection (1A).
(5) Schedule 2 makes further provision about the procedure for making and determining an application under this section.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/asp/2006/1/section/22 (the official version)
Page: https://openlegislation.uk/housing-scotland-act-2006/section-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.