The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017(“the Tribunal Rules”) have been amended, and new powers have been introduced from 20th February 2019.
The new powers have been introduced by The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2018
The main change for users is the introduction of requests for service by advertisement, for applicants who cannot provide an address for the respondent to the Tribunal. This is contained in new Rules 5(4-8) and 6A of the Tribunal Rules. A new form has been created to request service by advertisement, along with a guidance note to help users fill out the request form with the information the Tribunal must receive, and which also gives details on what the next steps will be when a request is received. These documents are available on the site next to the relevant main application forms and guidance notes on these pages:
A new page on the site will host notices of any case where service by advertisement has been approved:
There are other amendments that are effective from 20 February, and where these amendments have required changes to existing forms, guidance or FAQs these changes have now been made. Some of the main changes are:
Rule 6(6): waiving requirement to name tenant in actions for removing, where name of tenant/occupier in possession is not known
Rule 14A: allowing amendment to applications where new matters are not raised (e.g.to amend the sum claimed in payment actions)
Rule 16A: new powers to change procedure, including the power to delay execution of an Order prior to execution
Rule 26(11&12): processes to notify third parties of relevant decisions
Rules 41A-41F: Processes in relation to possession/eviction and payment orders, including applying interest to orders for payment.
Several Rules have received updates to ensure they correspond to existing primary legislation, including the Rules on possession/eviction applications, which have been expanded to include reference to Form BB (notice to the occupier) under schedule 6 of the Conveyancing and Feudal Reform (Scotland) Act 1970
A small number of minor style/wording updates were made that correct omissions in the previous rules, but which do not affect the processes/types of application that can be made.