# Property Factors (Scotland) Act 2011, Section 18: Referral to the First-tier Tribunal

Extent: S

(1) The Chamber President must decide whether to––
(a) refer an application under section 17(1) to the First-tier Tribunal , or
(b) reject the application.
(2) The Chamber President may reject an application only if the Chamber President considers––
(a) that it is vexatious or frivolous,
(b) that the homeowner has not afforded the property factor a reasonable opportunity to resolve the dispute,
(c) where the homeowner has previously made an identical or substantially similar application in relation to the same property, that a reasonable period of time has not elapsed between the applications, or
(d) that the dispute to which the application relates has been resolved.
(3) The Chamber President must make a decision under subsection (1)––
(a) within 14 days of the First-tier Tribunal’s receipt of the application concerned, or
(b) where the Chamber 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 Chamber President considers reasonable.
(4) The Chamber President must, as soon as practicable after rejecting an application, give notice of the rejection––
(a) to the homeowner, and
(b) where the Chamber President is aware of the name and address of a person who acts for the homeowner in relation to the application, to that person.
(5) Such a notice must––
(a) set out the reasons for the rejection, and
(b) explain the procedure for appealing against it.
(6) In this Act, “Chamber President” means Chamber President of the First-tier Tribunal for Scotland Housing and Property Chamber.

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Source: https://www.legislation.gov.uk/asp/2011/8/section/18 (the official version)
Page: https://openlegislation.uk/property-factors-scotland-act-2011/section-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.