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PART 1: QUESTIONS ON THE TRANSFER OF THE PRHP/HOHP
1. Do you have any comments on the draft transfer of functions and members Regulations?
Do you have any comments on the draft transfer of functions and members Regulations?
no comment
2. Are you content with the provisions regarding transitional arrangements?
Are you content with the provisions regarding transitional arrangements?
no comment
3. Are you content with the provisions relating to the transfer of members?
Are you content with the provisions relating to the transfer of members?
no comment
4. Do you have any views on the proposed amendments to existing procedural rules?
Do you have any views on the proposed amendments to existing procedural rules?
no comment
5. Do you have any other comments on the draft regulations which transfer the functions and members of the prhp and hohp and their relevant committees to the Scottish Tribunals?
Do you have any other comments on the draft regulations which transfer the functions and members of the prhp and hohp and their relevant committees to the Scottish Tribunals?
An observation a number of our members make is one of planning for the amount of future use of the FTT. The future use of the FTT will be very different to the numbers of issues which are referred to either the PRHP or the Sheriff Courts. The circumstances under the new Private Rented Tenancy and the proposed grounds for possession will create many new situations which may reach FTT. Projecting numbers forwards therefore will be difficult to assess with any degree of accuracy.
PART 2: CONSULTATION ON DRAFT REGULATIONS THAT DETERMINE THE COMPOSITION OF THE FIRST-TIER & UPPER TRIBUNAL FOR SCOTLAND WHEN HEARING CASES IN AND FROM THE HOUSING AND PROPERTY CHAMBER
1. Do you have any comments on the draft regulations on Composition?
Do you have any comments on the draft regulations on Composition?
no comment
2. Do you have any views on the proposed composition for the Housing and Property Chamber hearing Private Rented Sector and Letting Agent cases?
Do you have any views on the proposed composition for the Housing and Property Chamber hearing Private Rented Sector and Letting Agent cases?
Members are concerned that under section 7.9 it is possible for a hearing to be held with a legal member alone. It is suggested that a minimum of 2 (including the legal member) persons should hear any case.
3. Do you have any comments on the proposed composition of the Upper Tribunal hearing appeals from the Housing and Property Chamber of the First-tier Tribunal?
Do you have any comments on the proposed composition of the Upper Tribunal hearing appeals from the Housing and Property Chamber of the First-tier Tribunal?
see 2 above
4. Do you have any other comments on the draft regulations which prescribe the composition of the Scottish Tribunals when hearing cases in and from the Housing and Property Chamber?
Do you have any other comments on the draft regulations which prescribe the composition of the Scottish Tribunals when hearing cases in and from the Housing and Property Chamber?
Scottish Government needs to ensure that the FTT is properly funded and resourced generally. The FTT will only deliver satisfactory results to the housing market if it is fair and swift. It needs to be easy to access for both tenants and landlords and cases need to be heard at time and in locations to suit all parties.