decisions, orders and registration. the first decision….. section 24(1) the prhc to which a...
TRANSCRIPT
Decisions, Orders and Registration
The first decision…..
• Section 24(1)
• The prhc to which a tenant’s application under section 22(1) is referred must decide whether the landlord has complied with the duty imposed by section 14(1)(b).
Has the landlord complied with the duty?
• If yes,
• Prepare decision and Statement of reasons
• If no, prepare decision and Statement of reasons and make RSEO
• RSEO to be prepared and signed by the Chairman – 4 certified copies required
What if landlord cannot comply?
• Prepare decision and Statement of reasons,
• Serve notice on LA stating landlord unable to comply
• This notice need not be registered,
• But is appealable
Service and appeal
• The decision must be served on
• Landlord
• Tenant
• Tenant's rep (if any)
• Local Authority
• Either party can appeal to the Sheriff within 21 days
RSEO must….
• Contain details of the work the landlord must do
• Specify time period for work to be done
• This must not be less than 21 days
• Time period specified must begin with the date from which the Order has effect
registration
• RSEO must be registered in appropriate land register
• Use template
• If Land register Title you must insert Title number
• If GRS case need full conveyancing description
Who does what?
• The Committee making the Order must register it
• Chairman must:-
• complete and sign RSEO
• complete and sign necessary registration forms
• complete and sign 4 certified copies
Next stage…has landlord complied with the RSEO?
• 3 options:-
• Yes, no or cannot
• If yes, then make a decision to that effect and revoke RSEO
• Need to prepare – decision, statement of reasons and Notice of Decision to revoke a RSEO
• Notice must be registered
Next stage…has landlord complied with the RSEO?
• If no, make decision to that effect
• Prepare decision and statement of reasons
• Serve notice of the failure on the Local Authority
• Decide whether to make a Rent Relief Order
Decision and Statement
• Style not mandatory but requirements of Act must be complied with
• Decision may be by majority but must say so and give brief note of dissenting opinion
• Ready for issue within 3 working days
• Should be signed by the chairperson
Decisions covered by Schedule 2(6) must…
• Contain a full statement of facts and reasons
• Contain details of the appeal procedure; and
• Narrate the effect of section 63 in relation to when it comes into effect
Registration
• Section 61
• RSEO
• Notice of Variation or Revocation of an RSEO
• Certificate under section 60
• The Committee that makes it registers it
• Should be registered within 14 days
How does registration work?
• 2 different procedures depending on whether Title recorded in Land Register or GRS
• Necessary forms will be partly completed and available on website
GRS
• Must insert full conveyancing description in the Order
• From now on, that will be supplied in your papers
• Complete and sign Order• Prepare 4 certified copies• Complete and sign form SAF• Send all these with decision and statement
to prhp and we take it from there
Land Register
• Must insert Title Number e.g. AYR 4321 and full property address, but not conveyancing description
• Complete and sign Order Prepare 4 certified copies
• Complete forms 2 and 4 • Sign form 2 – partially completed template
to be on website• Send with decision and statement to prhp