Time to pay and other legislation amendments
The remaining amendments in the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2018, and all parts of the First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019, commence on 6 March 2019.
The main change in this set of amendments is to amend the Debtors (Scotland) Act 1987 to incorporate the “time to pay” procedures within the Tribunal process for payment applications. Time to pay is an option available to respondents in particular circumstances during and sometimes after Tribunal proceedings. A general FAQ question has been added to the Evictions and civil proceedings FAQ page, and more detailed information will be given to parties in applications to which time to pay may apply.
Other amendments have been made to The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 to complement the Tribunal Rules and the jurisdictions we deal with. These include:
updates to the Bankruptcy and Diligence etc. (Scotland) Act 2007 and the Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011 to include reference to tribunal orders as well as court decrees;
an update to the Housing (Scotland) Act 1988 to give reference to the case management discussion in the description of ground 8 of part 1 of Schedule 5 (grounds for eviction); and
an update to the Assured Tenancies (Notices to Quit Prescribed Information) (Scotland) Regulations 1988 to substitute “court” for “the First-tier Tribunal for Scotland Housing and Property Chamber” in the prescribed information to be contained in a Notice to Quit.
These changes commence on 6 March, and will apply to all proceedings before the tribunal from this date.