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