Practice Directions issued prior to the creation of the Housing and Property
Chamber relating to jurisdictions that transferred to the Chamber from the
Homeowner Housing Panel or Private Rented Housing Panel cease to have
effect as from 1st December 2016: see the First-tier Tribunal for Scotland
(Transfer of Functions of the Homeowner Housing Panel) Regulations 2016.
New Practice Directions have been issued by the President of Tribunals with
effect from 1 December 2016, replacing the previous directions issued under
the provisions formerly applicable to the Homeowner Housing Panel and
Private Rented Housing Panel.
PRACTICE DIRECTION No. 1
Application by a Party to a tribunal1 to give Directions (“the Application”)
This Direction is issued under section 74(1)(a) and 75(2) of the Tribunals (Scotland)
Act 2014 which provides that the President of Tribunals may issue directions as to
the practice and procedure to be followed in proceedings at the First-tier Tribunal.
This Direction applies in relation to proceedings in respect of homeowner
applications before the Housing and Property Chamber of the First-tier Tribunal for
Scotland commenced, or in progress, on or after 1st December 2016.
1. Where Application is made by any party in terms of rule 20(1) of schedule 1 of
The First-tier Tribunal for Scotland Housing and Property Chamber
(Procedure) Regulations 20162 to the tribunal3 to give directions relating to the
conduct or progress of the proceedings, such Application must be made by a
party using the style of Application attached hereto.
2. At the same time as lodging the Application with the Chamber4 for onward
transmission to the tribunal3, a copy is to be served by first class post or by
electronic transmission on all other parties to the proceedings or their
representatives (“the receiving parties”). For the avoidance of doubt, the
definition of a “party” is that included in rule 1(1) of schedule 1 of The First-tier
Tribunal for Scotland Housing and Property Chamber (Procedure)
Regulations 20165
i.e. “party” includes, unless the context requires
otherwise, the homeowner, the property factor, the tenant, the landlord, the
third party applicant or any other person sisted to be a party to the
proceedings.
3. On receipt of the Application, the receiving party may make a counter
Application in terms of said rule 20(1)2 or representations on the proposed
Direction. Such counter Application or representations must be received by
the Chamber4 no later than 7 days from the date of service of the Application
on the receiving party. In the event of first class postal service, the
Application is to be taken to have been served 2 days after the date on which
the Application is posted. In the event of electronic transmission, the date of
service is the date that the Application is sent electronically to the receiving
party.
4. If more than one Direction is sought by a party, a separate Application should
by completed and submitted for each Direction sought.
Lady Smith
President of Tribunals
November 2016
Annotations
In light of the transfer from HOHP to the First-tier Tribunal for Scotland (Housing
and Property Chamber), noted below are any substitutions that have been made in
terms of the applied legislation and naming references in the original direction:
1: Committee
2: Regulation 13(1) of the Homeowner Housing Panel (Applications and Decisions)
(Scotland) Regulations 2012
3: a Homeowner Housing Committee
4: Panel
5: Regulation 2 of the Homeowner Housing Panel (Applications and Decisions)
(Scotland) Regulations 2012
Application by a Party in a homeowner application to the tribunal to give
Directions in terms of rule 20(1) of schedule 1 of The First-tier Tribunal for
Scotland Housing and Property Chamber (Procedure) Regulations 2016.
See Guidance note for further information on completing this form.
Name of Parties
Homeowner:
Click here to enter text.
Property Factor:
Click here to enter text.
Chamber Reference: Click here to enter text.
Direction Sought:
Click here to enter text.
Reasons for seeking a Direction:
Click here to enter text.
Please tick the box to confirm that the Application has been duly served on the other
parties or their representatives. ☐
Signed by party/representative making the application:
Signature…………………………………Date………………………………..
Guidance note
Sample Directions may include those matters referred to in rule 20(3) of schedule 1
of The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure)
Regulations 2016.
For ease of reference, rule 20(3) is narrated below:
Directions may, in particular—
(a) relate to any matter concerning the preparation for a hearing;
(b) specify the length of time allowed for something to be done;
(c) vary any time limit in a direction previously given by the First-tier Tribunal
for anything to be done by a party;
(d) provide for—
(i) a particular matter to be dealt with as a preliminary issue;
(ii) a party to provide further details of that party’s case, or any other
information or document which appears to be necessary for the
determination of the application;
(iii) a witness to be heard;
(iv) the manner in which evidence is to be given;
(e) require a party to lodge and serve—
(i) a statement of evidence which is to be given at a hearing;
(ii) a skeleton argument which summarises submissions to be made at
a hearing and cites all the authorities which will be relied on, identifying
any particular passages to be relied upon.
On completion, the signed application should be returned to First-tier Tribunal for
Scotland (Housing and Property Chamber) by post or email.