The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017

• (ii) a copy of the notice served on the tenant by the landlord of intention to raise proceedings for possession of a house let on an assured tenancy;

• (iii) a copy of the notice to quit served by the landlord on the tenant (if applicable); and

• (iv) evidence as the applicant has that the possession ground or grounds has been met; ...

• (v) a copy of the notice given to the local authority by the landlord under section 11 of the Homelessness (Scotland) Act 2003 (if applicable), and

• (vi) a copy of Form BB (notice to the occupier) under schedule 6 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (if applicable), and

• (c) be signed and dated by the landlord or a representative of the landlord.

Application for order for possession upon termination of a short assured tenancy

66

Where a landlord makes an application under section 33 (recovery of possession on termination of a short assured tenancy) of the 1988 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the landlord;

• (ii) the name, address and profession of any representative of the landlord; and

• (iii) the name and address of the tenant;

• (b) be accompanied by a copy of—

• (i) the tenancy agreement (if available) or, if this is not available, as much information about the tenancy as the landlord can give;

• (ii) the notice by landlord that the tenancy is a short assured tenancy; ...

• (iii) the notice given to the tenant under section 33(1)(d) of the 1988 Act; ...

• (iv) the notice to quit served by the landlord on the tenant;

• (v) a copy of the notice by the landlord given to the local authority under section 11 of the Homelessness (Scotland) Act 2003 (if applicable), and

• (vi) a copy of Form BB (notice to the occupier) under schedule 6 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (if applicable), and

• (c) be signed and dated by the landlord or a representative of the landlord.

Application to determine removal expenses

67

Where a landlord and tenant cannot agree the amount payable by the landlord to the tenant under section 22(1) of the 1988 Act, either the landlord or the tenant may make an application under section 22(2) (payment of removal expenses in certain cases) of the 1988 Act and the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the landlord;

• (ii) the name, address and profession of any representative of the landlord;

• (iii) the name and address of the tenant;

• (iv) the name, address and profession of any representative of the tenant; and

• (v) the details of the tenant’s claim for expenses, reasons for disagreement and proposals for settlement; and

• (b) be signed and dated by the landlord or tenant or a representative of the landlord or tenant.

Application to provide written tenancy agreement and weekly rent book

68

Where a tenant makes an application under section 30(2) (duty of landlord under assured tenancy to provide written tenancy document and weekly rent book) of the 1988 Act, the application must—

• (a) state—

• (i) the name and address of the tenant;

• (ii) the name, address and registration number (if any) of the landlord; and

• (iii) the name, address and profession of any representative of the landlord;

• (b) be accompanied by a copy of the rent book, written tenancy agreement or similar document (if available) or, if this is not available, as much information about the tenancy as the tenant can give; and

• (c) must be signed and dated by the tenant or a representative of the tenant.

Application for damages for unlawful eviction

69

Where a former residential occupier makes an application under section 36(3) (damages for unlawful eviction) of the 1988 Act, the application must—

• (a) state—

• (i) the name and address of the former residential occupier;

• (ii) the name, address and profession of any representative of the former residential occupier;

• (iii) the name and address and registration number (if any) of the landlord; and

• (iv) the details of the amount of damages sought based on section 37 of the 1988 Act in respect of the loss of the right to occupy the premises; and

• (b) be signed and dated by the former residential occupier or a representative of the former residential occupier.

Application for civil proceedings in relation to an assured tenancy under the 1988 Act

70

Where a person makes any other application to the First-tier Tribunal by virtue of section 16 (First-tier Tribunal’s jurisdiction in relation regulated and assured tenancies etc.) of the 2014 Act, the application must—

• (a) state—

• (i) the name and address of the person;

• (ii) the name and address of any other party; and

• (iii) the reason for making the application;

• (b) be accompanied by—

• (i) evidence to support the application; and

• (ii) a copy of any relevant document; and

• (c) be signed and dated by the person.

Parties to be notified by the First-tier Tribunal

71

The parties to be notified by the First-tier Tribunal under rule 9(1) are, in relation to an application—

• (a) under section 18(1), 21(3), 22(2), 30(2) and 33 of the 1988 Act, the landlord and the tenant; and

• (b) under section 36(3) of the 1988 Act, the former residential occupier and the landlord.

CHAPTER 7 — Procedure in regulated tenancy references

Regulated tenancy references to the First-tier Tribunal

72

Where the rent officer makes a regulated tenancy reference, it must—

• (a) state the name, address and registration number (if any) of the tenant or landlord;

• (b) be accompanied by a copy of the objection made by the tenant or landlord; and

• (c) be signed and dated by the rent officer.

Inspection of dwellinghouse

73

• (1) The First-tier Tribunal may on its own motion and must at the request of one of the parties (subject in either case to any necessary consent being obtained) inspect the dwellinghouse which is the subject of the regulated tenancy reference.

• (2) An inspection may be made before, during or after the close of the hearing, or at such stage in relation to the consideration of the representations in writing as the First-tier Tribunal determines.

• (3) The First-tier Tribunal must give in writing sufficient notice of an inspection to the party or parties and must allow each party and their representative to attend any such inspection.

• (4) Where an inspection is made after the close of a hearing the First-tier Tribunal may, if it considers that it is expedient to do so on account of any matter arising from the inspection, re-open the hearing; and if the hearing is to be re-opened rule 24(1) (hearings) applies as it applied to the original hearing, save in so far as its requirements may be dispensed with or relaxed with the consent of the parties.

Parties to be notified by the First-tier Tribunal

74

The parties to be notified by the First-tier Tribunal under rule 9(1) are, in relation to a regulated tenancy reference, the rent officer, the landlord and the tenant.

CHAPTER 8 — Procedure in respect of regulated tenancy and Part VII contract applications

Application to determine the statutory tenant after the death of a protected tenant

75

Where a person makes an application under section 3(1)(b) and schedule 1, paragraph 3 or 7 (statutory tenants and tenancies), of the 1984 Act, the application must—

• (a) state—

• (i) the name and address of the person;

• (ii) the name, address and profession of any representative of the person;

• (iii) the name and address and registration number (if any) of the landlord;

• (iv) the name and date of death of the deceased former tenant; and

• (v) the names and addresses of all persons related to the deceased former tenant who lived in the house for at least 6 months prior to the death of the deceased former tenant;

• (b) be accompanied by—

• (i) a copy of the protected tenancy agreement (if available) or, if this is not available, as much information about the tenancy as the person can give; and

• (ii) a copy of the notice of termination (if available); and

• (c) be signed and dated by the person or a representative of the person.

Application for the apportionment of the rateable value in relation to a protected tenancy

76

Where an owner makes an application under section 7(2) (rateable value and the appropriate day) of the 1984 Act, the application must—

• (a) state—

• (i) the name and address of the owner;

• (ii) the name, address and profession of any representative of the owner; and

• (iii) the name and address of the local authority;

• (b) be accompanied by representations relating to the apportionment of the rateable value; and

• (c) be signed and dated by the landlord or a representative of the owner.

Application for possession

77

Where a landlord makes an application under section 11 (grounds for possession of certain dwelling-houses) of the 1984 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the landlord;

• (ii) the name, address and profession of any representative of the landlord;

• (iii) the name and address of the tenant; and

• (iv) the circumstances which apply as specified in any Case in Part I or II of schedule 2 of the 1984 Act;

• (b) be accompanied by—

• (i) a copy of the notice to quit served by the landlord on the tenant ;

• (ii) a copy of the notice given to the local authority by the landlord under section 11 of the Homelessness (Scotland) Act 2003 (if applicable),

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iv) evidence that suitable alternative accommodation is available (if applicable); and

• (v) a copy of Form BB (notice to the occupier) under schedule 6 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (if applicable); and

• (c) be signed and dated by the landlord or a representative of the landlord.

Application for compensation for misrepresentation or concealment by landlord

78

Where a former tenant makes an application under section 21 (compensation for misrepresentation or concealment in Cases 7 and 8) of the 1984 Act, the application must—

• (a) state—

• (i) the name and address of the former tenant;

• (ii) the name, address and profession of any representative of the former tenant; and

• (iii) the name, address and registration number (if any) of the landlord;

• (b) be accompanied by—

• (i) evidence of misrepresentation on the part of the landlord; and

• (ii) a copy of the order for possession; and

• (c) be signed and dated by the former tenant or a representative of the former tenant.

Application to evict an occupier upon termination of a tenancy

79

Where an owner makes an application under section 23 (prohibition of eviction without due process of law) of the 1984 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the owner;

• (ii) the name, address and profession of any representative of the owner; and

• (iii) the name and address of the occupier (if known);

• (b) be accompanied by—

• (i) a copy of the tenancy agreement or, if this is not available, as much information about the tenancy as the owner can give; and

• (ii) evidence that—

• (aa) the tenancy has ended; or

• (bb) the tenant has died; and

• (c) be signed and dated by the owner or a representative of the owner.

Application to adjust recoverable rent

80

Where a landlord or tenant makes an application under section 31(2) (adjustment, with respect to services and furniture, of recoverable rent for statutory periods before registration) of the 1984 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the landlord;

• (ii) the name, address and profession of any representative of the landlord;

• (iii) the name and address of the tenant; and

• (iv) the name, address and profession of any representative of the tenant;

• (b) be accompanied by a copy of the tenancy agreement (if available) or, if this is not available, as much information about the tenancy as the landlord or tenant can give; and

• (c) be signed and dated by the landlord or tenant or a representative of the landlord or tenant.

Application to amend a rent increase notice

81

Where a landlord makes an application under section 32(4) (notices of increase) of the 1984 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the landlord;

• (ii) the name, address and profession of any representative of the landlord;

• (iii) the name and address of the tenant; and

• (iv) the reasons for seeking amendment to the notice of increase;

• (b) be accompanied by a copy of the rent increase notice; and

• (c) be signed and dated by the landlord or a representative of the landlord.

Application to rectify a rent book after determination of recoverable rent

82

Where a tenant makes an application under section 39 (rectification of rent books in light of determination of recoverable rent) of the 1984 Act, the application must—

• (a) state—

• (i) the name and address of the tenant;

• (ii) the name, address and profession of any representative of the tenant; and

• (iii) the name, address and registration number (if any) of the landlord;

• (b) be accompanied by—

• (i) a copy of the record of determination of recoverable rent; and

• (ii) a copy of the rent book or similar document; and

• (c) be signed and dated by the tenant or a representative of the tenant.

Application to determine the rent limit

83

Where a landlord or tenant makes an application under section 60 (supplemental to sections 55 to 59) of the 1984 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the landlord;

• (ii) the name, address and profession of any representative of the landlord;

• (iii) the name and address of the tenant; and

• (iv) the name, address and profession of any representative of the tenant;

• (b) be accompanied by—

• (i) copies of the relevant tenancy or lease agreements (if available) or, if this is not available, as much information about the tenancy as the landlord or tenant can give; and

• (ii) copies of the relevant rent adjustment notices (if available); and

• (c) be signed and dated by the landlord or tenant or a representative of the landlord or tenant.

Application for apportionment of the rateable value in relation to a Part VII contract

84

Where a lessor or lessee makes an application under section 64(6) (dwelling-houses to which Part VII applies) of the 1984 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the lessor;

• (ii) the name, address and profession of any representative of the lessor;

• (iii) the name and address of the lessee; and

• (iv) the name, address and profession of any representative of the lessee;

• (b) be accompanied by representations relating to the apportionment of the rateable value; and

• (c) be signed and dated by the lessor or lessee or a representative of the lessor or lessee.

Application to reduce the period of a notice to quit

85

Where a lessor makes an application under section 75 (power of First-tier Tribunal, in action for possession, to reduce period of notice to quit) of the 1984 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the lessor;

• (ii) the name, address and profession of any representative of the lessor;

• (iii) the name and address of the lessee; and

• (iv) the paragraph of section 74(2) of the 1984 Act relating to the lessee’s default;

• (b) be accompanied by evidence of the lessee’s default; and

• (c) be signed and dated by the lessor or a representative of the lessor.

Application to postpone the date of possession in relation to Part VII contracts

86

Where a lessee makes an application under section 76 (notice to quit relating to later Part VII contracts) of the 1984 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the lessor;

• (ii) the name, address and profession of any representative of the lessor;

• (iii) the name and address of the lessee; and

• (iv) the reasons for the postponement of the date of possession; and

• (b) be signed and dated by the lessee or a representative of the lessee.

Application to recover unlawful premiums and loans

87

Where a person makes an application under section 88 (recovery of premiums and loans unlawfully required or received) of the 1984 Act, the application must—

• (a) state—

• (i) the name and address of the person;

• (ii) the name, address and profession of any representative of the person; and

• (iii) the name, address and registration number (if any) of the landlord;

• (b) be accompanied by—

• (i) a copy of the premium or loan agreement (if available); and

• (ii) evidence of an unlawful payment to be recovered; and

• (c) be signed and dated by the person or a representative of the person.

Application to modify a tenant’s right to shared accommodation

88

Where a landlord makes an application under section 97(8) (provisions where tenant shares accommodation with persons other than landlord) of the 1984 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the landlord;

• (ii) the name, address and profession of any representative of the landlord;

• (iii) the name and address of the tenant; and

• (iv) the details of the termination of rights or modification proposed;

• (b) be accompanied by a copy of the occupancy agreement or, if this is not available, as much information about the occupancy as the landlord can give; and

• (c) be signed and dated by the landlord or a representative of the landlord.

Application to alter the amount of rent where the right to shared accommodation is modified

89

Where a landlord or tenant makes an application under section 97(9) (provisions where tenant shares accommodation with persons other than landlord) of the 1984 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the landlord;

• (ii) the name, address and profession of any representative of the landlord;

• (iii) the name and address of the tenant;

• (iv) the name, address and profession of any representative of the tenant; and

• (v) the details of the change in circumstances or increase in rent; and

• (b) be signed and dated by the landlord or tenant or a representative of the landlord or tenant.

Application to determine the application of the 1984 Act

90

Where a landlord or tenant makes an application under section 102(A1) (jurisdiction) of the 1984 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the landlord;

• (ii) the name, address and profession of any representative of the landlord;

• (iii) the name and address of the tenant;

• (iv) the name, address and profession of any representative of the tenant;

• (v) the details of the question regarding the application of the 1984 Act; and

• (b) be signed and dated by the landlord or tenant or a representative of the landlord or tenant.

Application for civil proceedings in relation to a regulated tenancy or Part VII contract under the 1984 Act

91

Where a person makes any other application to the First-tier Tribunal by virtue of section 16 (First-tier Tribunal’s jurisdiction in relation regulated and assured tenancies etc.) of the 2014 Act, the application must—

• (a) state—

• (i) the name and address of the person;

• (ii) the name and address of any other party; and

• (iii) the reason for making the application;

• (b) be accompanied by—

• (i) evidence to support the application; and

• (ii) a copy of any relevant document; and

• (c) be signed and dated by the person.

Parties to be notified by the First-tier Tribunal

92

The parties to be notified by the First-tier Tribunal under rule 9(1) are in relation to an application—

• (a) under section 3(1)(b) and schedule 1, paragraph 3 or 7 of the 1984 Act, the person who meets the requirements in paragraph 3 or 7, any other person who meets the requirements in paragraph 3 or 7 and the landlord;

• (b) under section 7(2) of the 1984 Act, the owner and the local authority;

• (c) under section 11, 23, 31(2), 32(4), 39, 60, 97(8) and (9) and 102(A1) of the 1984 Act, the landlord and the tenant;

• (d) under section 21 of the 1984 Act, the former tenant and the landlord;

• (e) under sections 64(6), 75 and 76 of the 1984 Act, the lessor and lessee; and

• (f) under section 88 of the 1984 Act, the person who has paid a premium and the landlord; ...

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 9 — Procedure in respect of letting agent applications

Application for extension of time limit to determine application for registration as a letting agent

93

Where the Scottish Ministers make an application under section 33(3) (time limit for determining application) of the 2014 Act, the application must—

• (a) state—

• (i) the address of the Scottish Ministers;

• (ii) the name, address and profession of any representative of the Scottish Ministers;

• (iii) the name, address and registration number (if any) of the person applying for registration as a letting agent;

• (iv) the reasons why an extension is sought; and

• (v) the date of receipt by the Scottish Ministers of the application under section 32 of the 2014 Act; and

• (b) be signed and dated by the Scottish Ministers or a representative of the Scottish Ministers.

Application to appeal decision by the Scottish Ministers to refuse to register or removal from register

94

Where a person makes an application under section 41(1) (appeals) of the 2014 Act, the application must—

• (a) state—

• (i) the name, address and letting agent registration number (if any) of the person;

• (ii) the name, address and profession of any representative of the person;

• (iii) the address of the Scottish Ministers;

• (iv) the decision of the Scottish Ministers under section 32 (to refuse to enter that person in the register or to renew that person’s existing entry in the register) or under section 39 (to remove that person from the register) of the 2014 Act;

• (v) the date the person was notified of that decision; and

• (vi) the reasons why a person is appealing the decision of the Scottish Ministers;

• (b) be made before the end of the period of 21 days beginning with the date of the notification of the decision; and

• (c) be signed and dated by the person or a representative of the person.

Application to enforce letting agent code of practice

95

Where a tenant or landlord makes, or the Scottish Ministers make, an application under section 48(1) (applications to First-tier Tribunal to enforce code of practice) of the 2014 Act, the application must—

• (a) state, in addition to the applicant’s reasons as required under section 48(3) of the 2014 Act—

• (i) the name and address of the tenant, landlord or the Scottish Ministers;

• (ii) the name, address and profession of any representative of the tenant, landlord or the Scottish Ministers;

• (iii) the name, address and letting agent registration number (if any) of the letting agent;

• (iv) the name, address and profession, if known, of any representative of the letting agent; and

• (v) information as to any loss suffered by the applicant as a result of the failure to comply;

• (b) be accompanied by a copy of the notification to the letting agent as required under section 48(4) of the 2014 Act; and

• (c) be signed and dated by the applicant or a representative of the applicant.

Parties to be notified by the First-tier Tribunal

96

The parties to be notified by the First-tier Tribunal under rule 9(1) are, in relation to an application—

• (a) under section 33(3) of the 2014 Act, the Scottish Ministers and the person applying for registration as a letting agent;

• (b) under section 41(1) of the 2014 Act, either—

• (i) the registered letting agent who has been removed from the register or had an application for registration refused; or

• (ii) the person whose application for registration as a letting agent is refused,

and the Scottish Ministers; and

• (c) under section 48(1) of the 2014 Act, the tenant, landlord (if a party to the proceedings) or the Scottish Ministers and the letting agent.

Letting agent enforcement orders

97

• (1) Where the First-tier Tribunal varies or revokes a letting agent enforcement order under section 49 of the 2014 Act, it will notify the parties in writing.

• (2) Where the First-tier Tribunal notifies the Scottish Ministers under section 50(2) of the 2014 Act that a letting agent has failed to comply with a letting agent enforcement order, it will send the parties a copy of that notification.

CHAPTER 10 — Procedure in respect of landlord registration applications

Application for an extension of time limit to determine application for registration as a landlord

98

Where the local authority makes an application under section 85B(3)²⁸ (time limit for determining application) of the 2004 Act, the application must—

• (a) state—

• (i) the name and address of the local authority;

• (ii) the name, address and profession of any representative of the local authority;

• (iii) the name, address and registration number (if any) of the person applying for landlord registration; and

• (iv) the date of receipt of the application under section 83 of the 2004 Act; and

• (b) be signed and dated by the local authority or a representative of the local authority.

Application to appeal against refusal to register or removal from register

99

Where a person makes an application under section 92(2) (appeal against refusal to register or removal from register) of the 2004 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the person;

• (ii) the name, address and profession of any representative of the person;

• (iii) the name and address of the local authority;

• (iv) the decision of the local authority and the date the person was notified of that decision; and

• (v) the reasons why a person is appealing the decision of the local authority; and

• (b) be signed and dated by the person or a representative of the person.

Application to appeal against a decision of the local authority to serve a notice that no rent is payable

100

Where a relevant person on whom a notice under section 94 (circumstances in which no rent to be payable) of the 2004 Act is served makes an application under section 97(1) (appeals) of the 2004 Act, the application must—

• (a) state—

• (i) the name and address of the person;

• (ii) the name, address and profession of any representative of the person; and

• (iii) the name and address of the local authority;

• (b) be accompanied by a copy of the notification to the person who has the use as a dwelling of the house to which the notice relates as required under section 97(4) of the 2004 Act; and

• (c) be signed and dated by the relevant person or a representative of the relevant person.

Application to revoke a notice that no rent is payable

101

Where a local authority makes a decision refusing to revoke a notice under section 95(2) (notices under section 94: revocation) of the 2004 Act and a person having an interest makes an application under section 97(2) (appeals) of the 2004 Act, the application must—

• (a) state—

• (i) the name and address of the person;

• (ii) the name, address and profession of any representative of the person; and

• (iii) the name and address of the local authority;

• (b) be accompanied by a copy of the notification to the person who has the use as a dwelling of the house to which the notice relates as required under section 97(4) of the 2004 Act; and

• (c) be signed and dated by the relevant person or a representative of the relevant person.

Parties to be notified by the First-tier Tribunal

102

The parties to be notified by the First-tier Tribunal under rule 9(1) are, in relation to an application—

• (a) under section 85B(3)²⁹ of the 2004 Act, the local authority and the relevant person;

• (b) under section 92(2) of the 2004 Act, the person whose application for registration is refused or who is removed from the register and the local authority;

• (c) under section 97(1) of the 2004 Act, the person who has been served with a notice under section 94 of the Act and the local authority; and

• (d) under section 97(2) of the 2004 Act, a person whose application for the revocation of a notice under section 94 of the 2004 Act has been refused and the local authority.

CHAPTER 11 — Procedure in respect of tenancy deposit applications

Application for order for payment where landlord has failed to carry out duties in relation to tenancy deposits

103

Where a tenant or former tenant makes an application under regulation 9 (First-tier Tribunal orders) of the 2011 Regulations, the application must—

• (a) state—

• (i) the name and address of the tenant or former tenant;

• (ii) the name, address and profession of any representative of the tenant or former tenant; and

• (iii) the name, address and registration number (if any) of the landlord;

• (b) be accompanied by a copy of the tenancy agreement (if available) or, if this is not available, as much information about the tenancy as the tenant or former tenant can give;

• (c) evidence of the date of the end of the tenancy (if available); and

• (d) be signed and dated by the tenant or former tenant or a representative of the tenant or former tenant.

Parties to be notified by the First-tier Tribunal

104

The parties to be notified by the First-tier Tribunal under rule 9(1) are, in relation to an application under regulation 9 of the 2011 Regulations, a tenant or former tenant and the landlord.

CHAPTER 12 — Procedure in respect of private residential tenancy applications

Application to draw up terms of tenancy

105

Where the tenant makes an application under section 14(1) (to draw up terms where written terms have not been provided) of the 2016 Act, the application must—

• (a) state—

• (i) the name and address of the tenant;

• (ii) the name, address and profession of any representative of the tenant; and

• (iii) the name, address and registration number (if any) of the landlord;

• (b) be accompanied by—

• (i) a copy of the notification to the landlord as required under section 14(3) of the 2016 Act; and

• (ii) a statement of the terms of the tenancy agreed between the landlord and tenant, whether verbally or in writing; and

• (c) be signed and dated by the tenant or a representative of the tenant.

Application to draw up terms of tenancy where statutory term is unlawfully displaced

106

Where a person makes an application under section 14(2) (to draw up terms where statutory term is unlawfully displaced) of the 2016 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the person;

• (ii) the name, address and profession of any representative of the person;

• (iii) the name and address of the other party to the private residential tenancy;

• (iv) which of the statutory terms the person considers has been displaced; and

• (v) the reasons why the person considers the statutory term has been displaced;

• (b) be accompanied by—

• (i) a copy of the written terms of tenancy or, if this is not available, as much information about the tenancy as the person can give; and

• (ii) evidence to support that a statutory term has been unlawfully displaced; and

• (c) be signed and dated by the person or a representative of the person.

Application for payment order where landlord has failed to provide information

107

Where the tenant makes an application under section 16(1) (to sanction failure to provide information) of the 2016 Act, the application must—

• (a) state—

• (i) the name and address of the tenant;

• (ii) the name, address and profession of any representative of the tenant;

• (iii) the name, address and registration number (if any) of the landlord; and

• (iv) that the landlord has failed to provide the tenant with (either or both)—

• (aa) a document setting out all the terms of the tenancy required under section 10³⁰;

• (bb) information required under section 11,

of the 2016 Act;

• (b) be accompanied by a copy of the notice given to the landlord under section 16(3)(c) of the 2016 Act; and

• (c) be signed and dated by the tenant or a representative of the tenant.

Application to appeal rent set by the rent officer

108

Where a tenant or landlord makes an application under section 28(1) (to appeal the rent set by the rent officer) of the 2016 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the tenant or landlord;

• (ii) the name, address and profession of any representative of the tenant or landlord;

• (iii) the name and address of the other party to the private residential tenancy; and

• (iv) the reasons why the applicant is appealing against the rent officer’s order;

• (b) be accompanied by—

• (i) a copy of the rent officer’s order; and

• (ii) a copy of the rent-increase notice upon which the referral to the rent officer was based; and

• (c) be signed and dated by the tenant or landlord or a representative of the tenant or landlord.

Application for an eviction order

109

Where a landlord makes an application under section 51(1) (for an eviction order) of the 2016 Act, the application must—

• (a) state—

• (i) the name, address and registration number (if any) of the landlord;

• (ii) the name, address and profession of any representative of the landlord;

• (iii) the name and address of the tenant (if known); and

• (iv) the ground or grounds for eviction;

• (b) be accompanied by—

• (i) evidence showing that the eviction ground or grounds has been met;

• (ii) a copy of the notice to leave given to the tenant as required under section 52(3) of the 2016 Act; and

• (iii) a copy of the notice given to the local authority as required under section 56(1) of the 2016 Act; and

• (iv) a copy of Form BB (notice to the occupier) under schedule 6 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (if applicable), and

• (c) be signed and dated by the landlord or a representative of the landlord.

Application for a wrongful termination order

110

Where a former tenant makes an application under section 57(2) (wrongful termination by eviction order) or section 58(2) (wrongful termination without eviction order) of the 2016 Act, the application must—

• (a) state—

• (i) the name and address of the former tenant;

• (ii) the name, address and profession of any representative of the former tenant; and

• (iii) the name, address and registration number (if any) of the former landlord;

• (b) be accompanied by evidence showing that the tenancy was unlawfully terminated; and

• (c) be signed and dated by the former tenant or a representative of the former tenant.

Application for civil proceedings in relation to a private residential tenancy

111

Where a person makes any other application to the First-tier Tribunal by virtue of section 71(1) (First-tier Tribunal’s jurisdiction) of the 2016 Act, the application must—

• (a) state—

• (i) the name and address of the person;

• (ii) the name and address of any other party; and

• (iii) the reason for making the application;

• (b) be accompanied by—

• (i) evidence to support the application; and

• (ii) a copy of any relevant document; and

• (c) be signed and dated by the person.

Parties to be notified by the First-tier Tribunal

112

• (1) The parties to be notified by the First-tier Tribunal under rule 9(1) are, in relation to an application made under a section of the 2016 Act, the landlord (or former landlord) and the tenant (or former tenant).

• (2) Additionally, in relation to an appeal under section 28 of the 2016 Act, against the order of a rent officer under section 25(1A) or (1B) of that Act, the rent officer is to be notified by the First-tier Tribunal under rule 9(1).

• (3) This rule does not apply to an appeal under section 33C of the 2016 Act.

Signed

ANNABELLE EWING — Authorised to sign by the Scottish Ministers — 5th October 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for the rules of procedure for the First-tier Tribunal for Scotland Housing and Property Chamber (“the First-tier Tribunal”).

Regulation 2 introduces the schedule which contains the rules of procedure which apply to proceedings before the First-tier Tribunal when exercising the functions allocated to it by the legislation listed in that regulation.

Regulation 3 makes transitional provision in respect of applications received by the First-tier Tribunal prior to 1st December 2017 and regulation 4 partially revokes the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2016 on 1st December 2017. The remainder of those Regulations are revoked by the Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017.

The schedule sets out the rules of procedure in respect of proceedings before the First-tier Tribunal.

Part 1 of the schedule provides the rules of procedure common to all proceedings.

Part 2 of the schedule provides the rules of procedure for proceedings in respect of homeowner applications.

Part 3 of the schedule provides the rules of procedure for proceedings in respect of the private rented housing sector, including repairing standard applications, landlord applications, adaptation of rented houses applications, assured tenancy references and applications, regulated tenancy references and applications, Part VII contract applications, letting agent applications, landlord registration applications, tenancy deposit applications and private residential tenancy applications.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

Footnotes

Editorial notes