OpenLegislation

Section 28C First-tier Tribunal Member to arrange suitable time for accessF1F17

Scotland

(1)

Subsection (2) applies where the F2First-tier Tribunal member has decided to assist the landlord under section 28A(3)(a).

(2)

The F3First-tier Tribunal member must liaise with the landlord and the tenant with a view to agreeing a suitable date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(3)

Subsection (4) applies if the tenant (without reasonable excuse) has failed or refused, within a reasonable time, to—

(a)

respond to the F4First-tier Tribunal member, or

(b)

agree a suitable date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(4)

The F5First-tier Tribunal member may fix a date and time (or dates and times) for the landlord to exercise the landlord's right of entry to the house under section 181(4).

(5)

Where a date and time has been agreed under subsection (2), the F6First-tier Tribunal member may, on the request of either the landlord or the tenant and where there are reasonable grounds for doing so, liaise with the parties with a view to agreeing a different date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(6)

The F7First-tier Tribunal member must as soon as reasonably practicable notify the landlord and tenant of any date and time (or dates and times) agreed or fixed under this section for the landlord to exercise the landlord's right of entry under section 181(4).

(7)

When notifying the parties of the date and time (or dates and times) agreed or fixed under this section, the F8First-tier Tribunal member must also—

(a)

provide the tenant with information about the action that the First-tier Tribunal member may take under section 182 if the tenant refuses the landlord's exercise of the landlord's right of entry to the house under section 181(4), and

(b)

inform both parties that the First-tier Tribunal member (or a person authorised by the First-tier Tribunal member) may be requested to attend when the landlord exercises such right of entry.

(8)

The F9First-tier Tribunal member may, at the request of the landlord or the tenant, attend at the house at the time agreed or fixed for the landlord to exercise the landlord's right of entry under section 181(4).

(9)

The F10First-tier Tribunal member may, at any time, stop assisting the landlord under this section if the First-tier Tribunal member considers it appropriate to do so.

(10)

The F11First-tier Tribunal member may—

(a)

authorise a person (other than the landlord or a representative of the landlord) to exercise any function conferred on the F12First-tier Tribunal member under this section, F13...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(11)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)

In this section, “the F15First-Tier Tribunal member” means the member of the F16First-tier Tribunal to whom the case has been allocated under section 28A(2).

Annotations

Textual amendments

F1

Ss. 28A-28C inserted (22.9.2015 for specified purposes, 1.12.2015 in so far as not already in force) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(4), 41(3); S.S.I. 2015/326, art. 2(2)(b)(3)

F2

Words in s. 28C(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(11)(a) (with sch. 1 para. 5)

F3

Words in s. 28C(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(11)(b) (with sch. 1 para. 5)

F4

Words in s. 28C(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(11)(c) (with sch. 1 para. 5)

F5

Words in s. 28C(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(11)(d) (with sch. 1 para. 5)

F6

Words in s. 28C(5) 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(11)(e) (with sch. 1 para. 5)

F7

Words in s. 28C(6) 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(11)(f) (with sch. 1 para. 5)

F8

Words in s. 28C(7) 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(11)(g) (with sch. 1 para. 5)

F9

Words in s. 28C(8) 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(11)(h) (with sch. 1 para. 5)

F10

Words in s. 28C(9) 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(11)(i) (with sch. 1 para. 5)

F11

Words in s. 28C(10) 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(11)(j)(i) (with sch. 1 para. 5)

F12

Words in s. 28C(10)(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(11)(j)(ii) (with sch. 1 para. 5)

F13

S. 28C(10)(b) and word repealed (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(11)(j)(iii) (with sch. 1 para. 5)

F14

S. 28C(11) repealed (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(11)(k) (with sch. 1 para. 5)

F15

Words in s. 28C(12) 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(11)(l)(i) (with sch. 1 para. 5)

F16

Words in s. 28C(12) 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(11)(l)(ii) (with sch. 1 para. 5)

F17

S. 28C 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(12) (with sch. 1 para. 5)