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Section 24 Determination by the First-tier TribunalF13

Scotland

(1)

The F1First-tier Tribunal, must in relation to an application under section 22(1) or (1A) decide whether the landlord has complied with the duty imposed by section 14(1)(b).

F2(1A)

In deciding whether the landlord has complied with that duty in accordance with section 14(4), the First-tier Tribunal must have regard to whether the landlord has complied with the duties imposed by subsections (5), (6), (8) and (9) of that section.

(2)

Where the F3First-tier Tribunal decides that the landlord has failed to comply with that duty, F4it must by order (a “repairing standard enforcement order”) require the landlord to carry out such work as is necessary for the purposes of ensuring—

(a)

that the house concerned meets the repairing standard, and

(b)

that any damage caused by the carrying out of any work in pursuance of that duty or the order is made good.

(3)

A repairing standard enforcement order must specify the period within which the work required by the order must be completed.

(4)

The period so specified must be the period beginning with the date from which the order has effect within which the F5First-tier Tribunal reasonably considers that the work required can be completed (but must not, in any case, be a period of less than 21 days).

(5)

A repairing standard enforcement order may specify particular steps which the F6First-tier Tribunal requires the landlord to take in complying with the order.

(6)

Where the F7First-tier Tribunal is prevented by reason only of section 16(4) from deciding that a landlord has failed to comply with the duty imposed by section 14(1)(b), the F8First-tier Tribunal must serve notice on the local authority stating that F9it considers the landlord to be unable to comply with that duty.

(7)

Where the F10First-tier Tribunal has made an order under section 18(1) in relation to a tenancy—

(a)

the F11First-tier Tribunal must, when determining whether the landlord has failed to comply with the duty imposed by section 14(1)(b), treat sections 14, 15 and 17 as having been modified or excluded in the manner described in the F12Tribunal's order,

(b)

a repairing standard enforcement order may not require the carrying out of any work which the duty imposed by section 14(1)(b) does not, because of that modification or exclusion, require to be carried out.

Annotations

Textual amendments

F1

Words in s. 24(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(4)(a) (with sch. 1)

F2

S. 24(1A) inserted (6.10.2026) by The Investigation and Commencement of Repair (Scotland) Regulations 2026 (S.S.I. 2026/173), regs. 1, 3(4)

F3

Words in s. 24(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(4)(b)(i) (with sch. 1)

F4

Word in s. 24(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(4)(b)(ii) (with sch. 1)

F5

Words in s. 24(4) 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(4)(c) (with sch. 1)

F6

Words in s. 24(5) 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(4)(d) (with sch. 1)

F7

Words in s. 24(6) 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(4)(e)(i) (with sch. 1)

F8

Word in s. 24(6) 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(4)(e)(ii) (with sch. 1)

F9

Words in s. 24(6) 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(4)(e)(iii) (with sch. 1)

F10

Words in s. 24(7) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 50(a); S.S.I. 2017/330, art. 3, sch.

F11

Words in s. 24(7)(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(4)(f) (with sch. 1)

F12

Word in s. 24(7)(a) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 50(b); S.S.I. 2017/330, art. 3, sch.

F13

S. 24 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(5) (with sch. 1)