Decisions, Orders and Registration

1. Decisions, Orders and Registration

2. 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).

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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