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