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

[^key-07d51378d539495b5a66f4512bfdc4ff]: Sch. rule 37(3)(da) inserted (24.1.2023) by The First-tier Tribunal for Scotland Housing and Property Chamber (Amendment) Regulations 2023 (S.S.I. 2023/6), regs. 1(1), 2(4)

[^key-392f94a17d97eeb1a0e29f0b1943acc1]: Sch. rule 64 renumbered as sch. rule 64(1) (24.1.2023) by The First-tier Tribunal for Scotland Housing and Property Chamber (Amendment) Regulations 2023 (S.S.I. 2023/6), regs. 1(1), 2(7)(a)

[^key-c8f6451204d341aaeacc5de0de9861ab]: Sch. rule 64(2) inserted (24.1.2023) by The First-tier Tribunal for Scotland Housing and Property Chamber (Amendment) Regulations 2023 (S.S.I. 2023/6), regs. 1(1), 2(7)(b)

[^key-63b049c24a611536a62fb9ead52affba]: Sch. rule 112 renumbered as sch. rule 112(1) (24.1.2023) by The First-tier Tribunal for Scotland Housing and Property Chamber (Amendment) Regulations 2023 (S.S.I. 2023/6), regs. 1(1), 2(8)(a)

[^key-8fdd9fd8257e64cd8cab77d667e893c7]: Sch. rule 112(2)(3) inserted (24.1.2023) by The First-tier Tribunal for Scotland Housing and Property Chamber (Amendment) Regulations 2023 (S.S.I. 2023/6), regs. 1(1), 2(8)(b)

[^key-a7305cb205f9a3f75a081f629d6cd721]: Sch. rule 61(b)(iii) inserted (24.1.2023) by The First-tier Tribunal for Scotland Housing and Property Chamber (Amendment) Regulations 2023 (S.S.I. 2023/6), regs. 1(1), 2(6)

[^key-97855079f791f043429869eaf78b029f]: Regulations modified (temp. until 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 8 (with ss. 1(2), 6, 7, 8) (as amended (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2))

Time limits

5A

• (1) This rule applies where no time limit for making an application is prescribed by or under another enactment.

• (2) Where the application relates to a right of appeal from any decision, the application must be lodged with the First-tier Tribunal, in accordance with rule 5, within 21 days after the date on which notice of the decision to which the application relates was sent to the applicant.

Service

Service by advertisement

6A

• (1) Where any formal communication requires to be served on a party under these Rules, and the party’s address is unknown, the communication is deemed to be served if it has been publicised by advertisement on the website of the First-tier Tribunal for not less than 14 days or, in the event that another enactment provides for a longer period of notice for the communication, for not less than that period.

• (2) The advertisement mentioned in paragraph (1) must disclose—

• (a) details of the names and addresses of the parties (so far as they are known),

• (b) details of the type of application or document,

• (c) the address of the property to which the application or document relates, and

• (d) any other information which the First-tier Tribunal must communicate to parties under these Rules.

• (3) If the party’s address becomes known after service by advertisement, the First-tier Tribunal must order—

• (a) any application before the First-tier Tribunal to be amended to include the party’s address,

• (b) any document required by legislation to be served, by the person who made the request under rule 5(5), on the person who should receive notification, and

• (c) any application accepted by the First-tier Tribunal to be served on that party or that party’s representative.

• (4) Where paragraph (3) applies, the First-tier Tribunal may direct a review of the timescales for further procedure in relation to the application, if it thinks fit in the interests of justice.

Signature of document

Rejection of application

Notification of acceptance of application

Representatives

Supporters

Hearing two or more applications together

Amendment to a party’s written representations

Amendment raising new issues

Request to amend the application in respect of matters other than new issues

14A

• (1) Where a new issue is not raised, a party may request to amend the application, including the sum claimed, by intimating the amendment to any other party and the First-tier Tribunal at least 14 days prior to a case management discussion or hearing.

• (2) The First-tier Tribunal may consent to the amendment on such conditions, if any, as the First-tier Tribunal thinks fit.

Withdrawal of an application

Directions

Regulation of procedure

16A

Subject to the provisions of housing legislation, the Tribunals Act and these Rules, the First-tier Tribunal may regulate its own procedure, including—

• (a) extending or shortening the time for complying with any rule or order,

• (b) specifying a case as a lead case where two or more cases—

• (i) are before the First-tier Tribunal,

• (ii) give rise to common or related issues of fact or law, and

• (iii) have not been finally determined,

• (c) adjourning or postponing cases which are not the lead case until the common or related issues have been determined in the lead case,

• (d) ordering a delay in execution of an order by the First-tier Tribunal at any time before it is executed.

Case management discussion

Power to determine the proceedings without a hearing

Mediation

Inquiries

Powers of the First-tier Tribunal to require production of evidence

Lodging of documents etc.

Documents at hearings

Hearings

Duties of chairing member at a hearing

Decisions of the First-tier Tribunal

Dismissal of a party’s case

Adjournment or postponement of a hearing

Hearing case in the absence of a party

Recall

Death, insolvency or incapacity of a party

Addition, substitution and removal of parties

Absence of a member of the First-tier Tribunal

Exclusion of persons disrupting proceedings

Prohibition on recording of proceedings by parties

Correction of clerical mistakes and accidental slips or omissions

Application for permission to appeal a decision of the First-tier Tribunal

First-tier Tribunal’s consideration of application for permission to appeal

Review of a decision

Expenses

Enforcement of decisions

Interest on orders for payment

41A

• (1) The First-tier Tribunal may include interest when making an order for payment.

• (2) Where paragraph (1) applies, the interest is to be at the rate either—

• (a) stated in the relevant tenancy agreement, or

• (b) ordered by the First-tier Tribunal,

and running from the date of the decision of the First‑tier Tribunal.

Actions for removing from heritable property

41B

• (1) For the purposes of section 216(1)(a) of the 2007 Act, the charge for removing must be served by a sheriff officer on the defender—

• (a) personally, or

• (b) by being left in the hands of a resident at the defender’s address.

• (2) Where a sheriff officer has been unsuccessful in executing service in accordance with paragraph (1), the officer may, after making diligent enquiries, serve the charge for removing by leaving it at the defender’s address.

Notice of date of removal

41C

• (1) Prior to the execution of an order for removing from heritable property, notice of the date of removal must be served by the sheriff officer by leaving the notice at the heritable property.

• (2) The date specified in the notice of the date of removal must allow for a period of notice of not less than 48 hours after the notice is served.

• (3) The First-tier Tribunal may, at the request of the applicant, on cause shown, vary or dispense with the period of notice mentioned in paragraph (2).

Evidence of service and notice

41D

It is sufficient evidence that—

• (a) a charge for removing mentioned in rule 41B has been served,

• (b) a notice of the date of removal mentioned in rule 41C has been served,

if a certificate to that effect is signed by the sheriff officer.

Inventory of effects removed

41E

For the purposes of section 216(3)(b) of the 2007 Act, the inventory of effects removed must be witnessed.

Execution of order

41F

Where an order for removing from heritable property has been executed, the sheriff officer must—

• (a) complete a certificate of execution,

• (b) ensure the certificate of execution is witnessed, and

• (c) affix a copy of the certificate of execution in a sealed envelope to the main door of the heritable property.

Application to modify a tenant’s right to shared accommodation

66A

Where a landlord makes an application under section 21(3) (special provisions applicable to shared accommodation) 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 the 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 tenancy agreement, and

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

Application to determine removal expenses

Application to provide written tenancy agreement and weekly rent book

Application for damages for unlawful eviction

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

Parties to be notified by the First-tier Tribunal

Notice of interest claimed under the Debtors (Scotland) Act 1987

41G

• (1) A creditor wishing to recover interest under an order of the First-tier Tribunal must serve on the other party the notice referred to in sections 1(7) (time to pay directions) and 5(7) (time to pay orders) of the Debtors (Scotland) Act 1987 (notice claiming and specifying amount of interest) in the case of an order requiring payment by—

• (a) instalments, no later than 14 days before the date on which the last instalment is due to be paid, or

• (b) lump sum within a certain period, no later than 14 days before the last day of such period.

Applications for time to pay orders

41H

• (1) A party who intends to apply for a time to pay order under section 5 of the Debtors (Scotland) Act 1987 must serve a copy of the application mentioned in subsection (2) of that section on the creditor.

• (2) An order by the First-tier Tribunal under section 6(4) of the Debtors (Scotland) Act 1987 (creditor to furnish particulars of decree or other document) must require the creditor to provide—

• (a) the date of the order,

• (b) the names of the parties,

• (c) details of the debt and any interest due, and

• (d) any other information the First-tier Tribunal considers necessary.

• (3) A creditor may object to the granting of an order within 14 days of the copy of the application being served on them.

• (4) If no written objection is received from the creditor within the 14-day period, the Firs-tier Tribunal must make a time to pay order in accordance with the application.

• (5) If a written objection is received from the creditor within the 14-day period, the First –tier Tribunal must appoint a date for the hearing of the application.

Review of an order made under section 24C(1) of the 1988 Act

39A

• (1) This rule applies to a review—

• (a) conducted under section 24I(3) of the 1988 Act in relation to an order made under section 24C(1) of that Act,

• (b) conducted under section 30(3) of the 2016 Act in relation to an order made under section 29(1) of that Act.

• (2) The request to review by the landlord or the tenant must—

• (a) be made in writing and copied to the other party,

• (b) be made within 14 days of the date on which the decision is made,

• (c) set out why a review of the decision is necessary.

• (3) If the First-tier Tribunal considers that the request to conduct a review is wholly without merit, the First-tier Tribunal must refuse the request and inform the parties of the reasons for refusal.

• (4) Except where paragraph (3) applies, the First-tier Tribunal—

• (a) must notify the landlord and the tenant in writing of the time limit for any response to the request to review, and

• (b) may notify the landlord and tenant in writing of the First-tier Tribunal’s provisional views on the request to review.

• (5) The First-tier Tribunal may conduct the review—

• (a) on the basis of written representations by the landlord and the tenant, and

• (b) without a hearing.

• (6) Where the First-tier Tribunal proposes to conduct a review at its own instance, it must inform the landlord and the tenant of the reasons why the decision is being reviewed and the decision must be reviewed in accordance with paragraph (4) (as if a request to review had been made and not refused).

Expenses

Enforcement of decisions

Interest on orders for payment

Actions for removing from heritable property

Notice of date of removal

Evidence of service and notice

Inventory of effects removed

Execution of order

Notice of interest claimed under the Debtors (Scotland) Act 1987

Applications for time to pay orders

PART 4 — Procedure in respect of prescribed property costs applications

Application and interpretation of Part 4

113

This Part applies to a prescribed property costs application.

Modification of Part 1

114

• (1) Part 1 of these Rules applies to a prescribed property costs application subject to the modifications in this rule.

• (2) Rule 1 (application and interpretation) has effect as if—

• (a) after the definition of “postpone” there were inserted—

• “prescribed property costs” has the meaning given by section 24E(4) of the 1988 Act or section 33A(4) of the 2016 Act as the case may be,
• “prescribed property costs application” means an appeal by a tenant or landlord under section 24G of the 1988 Act or section 33C of the 2016 Act,
• “prescribed property costs order” means an order made by a rent officer under section 24F(2) or (3) of the 1988 Act or, as the case may be, section 33B(2) or (3) of the 2016 Act.

• (b) after the definition of “regulated tenancy reference” there were inserted—

• “rent officer” has the meaning given by section 43 of the Rent (Scotland) Act 1984,

• (3) Rule 5(1) (requirements for making an application) has effect as if from “rules” to the end there were substituted “rule 115”.

• (4) Part 1 has effect as if rules 9 (notification of acceptance of application), 13 (amendment to a party’s written representations) and 14 (amendment raising new issues) were revoked.

• (5) Rule 15 (withdrawal of an application) has effect as if paragraph (1)(a) were revoked.

• (6) Part 1 has effect as if rules 17 to 19, and rules 21 to 25 were revoked.

• (7) Rule 26 (decisions of the First-tier Tribunal) has effect as if—

• (a) in paragraph (2), the words “in accordance with rule 18” were revoked,

• (b) in paragraph (6), after “Rules” there were inserted “and in relation to a prescribed property costs application”.

• (c) after paragraph (10) there were inserted—

(11) In relation to a prescribed property costs application, a statement of reasons may contain a description of the prescribed property costs of the landlord that have increased.

• (8) Part 1 has effect as if rules 28 (adjournment or postponement of a hearing) and 29 (hearing case in the absence of a party) were revoked.

• (9) Rule 32 (addition, substitution and removal of parties), has effect as if after paragraph (4) (inserted by regulation 2(3)) there were inserted—

(5) Paragraph (3) does not apply to a prescribed property costs application.

• (10) Part 1 has effect as if rules 33 (absence of a member of the First-Tier Tribunal), 34 (exclusion of persons disrupting proceedings) and 35 (prohibition on recording of proceedings by parties) were revoked.

• (11) In rule 37(3) (application for permission to appeal a decision of the First-tier Tribunal)—

• (a) the “or” immediately following sub-paragraph (i) were revoked, and

• (b) after sub-paragraph (j) there were inserted—

or, (k) a prescribed property costs application.

• (12) Part 1 has effect as if rule 38 (First-tier Tribunal’s consideration of application for permission to appeal) were revoked.

• (13) In rule 39(1) (review of a decision) for “37(3)(b) to (j)” there were substituted “37(3)(b) to (k)”.

Form of a prescribed property costs application

115

• (1) Where a tenant or landlord makes a prescribed property costs application, the application must—

• (a) state—

• (i) the name and address of the applicant,

• (ii) the registration number of the landlord (where it is known by the applicant),

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

• (iv) the name and address of the other party to the tenancy, and

• (b) where the application is made by the landlord, be accompanied by—

• (i) a copy of the prescribed property costs order,

• (ii) a copy of the application under section 24E(1) of the 1988 Act or, as the case may be, section 33A(1) of the 2016 Act,

• (iii) a copy of the notice given by the landlord to the tenant under section 24E(3) of the 1988 Act or, as the case may be, section 33A(3) of the 2016 Act,

• (c) where the application is made by the tenant, be accompanied by—

• (i) a copy of the prescribed property costs order,

• (ii) a copy of the notice given by the landlord to the tenant under section 24E(3) of the 1988 Act or, as the case may be, section 33A(3) of the 2016 Act, and

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

Notification of a prescribed property costs application

116

• (1) Where rule 8 does not apply in relation to a prescribed property costs application, the First-tier Tribunal must, as soon as practicable and in accordance with paragraph (2) give notice to—

• (a) the landlord,

• (b) the tenant, and

• (c) the rent officer who made the prescribed property costs order in question.

• (2) A notice given under paragraph (1) must—

• (a) state that a prescribed property costs application has been received and accepted by the First-tier Tribunal, and

• (b) include a copy of the notice given by the landlord to the tenant under section 24E(3) of the 1988 Act or, as the case may be, section 33A(3) of the 2016 Act.

Production of evidence

117

In a prescribed property costs application the First-tier Tribunal may require the rent officer who made the prescribed property costs order to provide a copy of—

• (a) the application made by the landlord under section 24E(1) of the 1988 Act or, as the case may be, section 33A(1) of the 2016 Act, and

• (b) the prescribed property costs order.

Determination of a prescribed property costs application

118

• (1) A prescribed property costs application must be determined by the First-tier Tribunal by reference to—

• (a) the application made by the landlord or, as the case may be, the tenant,

• (b) any evidence obtained by the First-tier Tribunal under rule 117.

• (2) A prescribed property costs application must be determined by the First-tier Tribunal—

• (a) without written representations,

• (b) without a hearing.

Statement of reasons

119

• (1) The statement of reasons prepared and provided under rule 26 may inform the landlord and the tenant as to whether or not the First-tier Tribunal considers that—

• (a) the increase in rent proposed by the landlord reflects an increase in the landlord’s prescribed property costs,

• (b) the increase in rent proposed by the landlord is more than 50% of the increase in prescribed property costs that the landlord has incurred during the relevant period (within the meaning of section 24E(7) of the 1988 Act or, as the case may be, section 33A(6) of the 2016 Act),

• (c) the increase in rent proposed by the landlord is an increase of more than 3%,

• (d) the rent officer’s decision was correct in fact and law.

• (2) The statement of reasons prepared and provided under rule 26 may include any other information that the First-tier Tribunal considers appropriate.

Review of an order made by the First-tier Tribunal in relation to a prescribed property costs application

120

• (1) This rule applies to a review conducted under section 24I(3)of the 1988 Act or section 33E(3)[^f00016] of the 2016 Act, in relation to an order made in relation to a prescribed property costs application.

• (2) The request to review by the landlord or the tenant must—

• (a) be made in writing and copied to the other party,

• (b) be made within 14 days of the date on which the decision is made,

• (c) set out why a review of the decision is necessary.

• (3) If the First-tier Tribunal considers that the request to conduct a review is wholly without merit, the First-tier Tribunal must refuse the request and inform the parties of the reasons for refusal.

• (4) Except where paragraph (3) applies, the First-tier Tribunal—

• (a) must notify the landlord and the tenant in writing of the time limit for any response to the request to review, and

• (b) may notify the landlord and tenant in writing of the First-tier Tribunal’s provisional views on the request to review.

• (5) A notification under paragraph (4) may contain a description of the prescribed property costs of the landlord that have increased.

• (6) The First-tier Tribunal may conduct the review—

• (a) on the basis of written representations by the landlord and the tenant,

• (b) without a hearing.

• (7) Where the First-tier Tribunal proposes to review an order mentioned in paragraph (1) at its own instance, it must inform the landlord and the tenant of the reasons why the decision is being reviewed and the decision must be reviewed in accordance with paragraph (4) (as if a request to review had been made and not refused).