Section 23 Consideration of applicationsF15

Scotland

(1)

F1The Chamber President must decide whether to—

(a)

refer an application under section 22(1) F2or 22(1A) to F3the First-tier Tribunal , or

(b)

reject the application.

(2)

The F4Chamber President may reject an application only if the Chamber President considers—

(a)

that it is vexatious or frivolous,

(b)

where the tenant F5or third party applicant has previously made an identical or substantially similar application in relation to the same house, that there has not been a reasonable period of time between the applications, or

(c)

that the dispute to which the application relates has been resolved.

(3)

The F6Chamber President must make a decision under subsection (1)—

(a)

within 14 days of the F7First-tier Tribunal’s receipt of the application concerned, or

(b)

where the F8Chamber President considers—

(i)

that the decision cannot be made without further information, or

(ii)

that there is a reasonable prospect of the dispute being resolved by the parties,

by such later date as the F9Chamber President considers reasonable.

(4)

The F10Chamber President must, as soon as practicable after rejecting an application F11under section 22(1) give notice of the rejection—

(a)

to the tenant, and

(b)

where the Chamber President is aware of the name and address of a person who acts for the tenant in relation to the application, to that person.

F12(4A)

The F13Chamber President must, as soon as practicable after rejecting an application under section 22(1A) give notice of the rejection to—

(a)

the third party applicant, and

(b)

the tenant.

(5)

F14A notice under subsection (4) or (4A) must—

(a)

set out the reasons for the rejection, and

(b)

explain the procedure for appealing against it.

Annotations

Textual amendments

F1: Words in s. 23(1) 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(4)(a) (with sch. 1 para. 5)
F2: Words in s. 23(1) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(a), 104(3); S.S.I. 2015/349, art. 3, sch.
F3: Words in s. 23(1)(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(3) (with sch. 1)
F4: Words in s. 23(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(4)(b) (with sch. 1 para. 5)
F5: Words in s. 23(2)(b) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(b), 104(3); S.S.I. 2015/349, art. 3, sch.
F6: Words in s. 23(3) 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(4)(c)(i) (with sch. 1 para. 5)
F7: Words in s. 23(3)(a) 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(4)(c)(ii) (with sch. 1 para. 5)
F8: Words in s. 23(3)(b) 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(4)(c)(iii) (with sch. 1 para. 5)
F9: Words in s. 23(3) 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(4)(c)(iv) (with sch. 1 para. 5)
F10: Words in s. 23(4) 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(4)(d) (with sch. 1 para. 5)
F11: Words in s. 23(4) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(c), 104(3); S.S.I. 2015/349, art. 3, sch.
F12: S. 23(4A) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(d), 104(3); S.S.I. 2015/349, art. 3, sch.
F13: Words in s. 23(4A) 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(4)(e) (with sch. 1 para. 5)
F14: Words in s. 23(5) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(e), 104(3); S.S.I. 2015/349, art. 3, sch.
F15: S. 23 heading 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(5) (with sch. 1 para. 5)