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Scotland

Landlord applications

Private landlords who are unable to gain access from the tenant to view the state and condition of the property or to carry out works to the property to ensure it meets the repairing standard can apply to the tribunal for assistance.

This content applies to Scotland

Landlord rights to apply to the tribunal

Private landlords who are unable to gain access from the tenant to view the state and condition of the property or to carry out works to the property to ensure it meets the repairing standard can apply to the tribunal for assistance. [1]

The landlord must provide: [2]

  • landlord's name and address

  • that the application is made under s.28A of the 2006 Act

  • the address of the house in respect of the which the application is made

  • the name address and profession of any representative

  • a telephone number for the landlord or representative and details of any email address which may be used

  • their landlord registration number,

  • name, telephone number and email address (if known) of the tenant

  • copy of the tenancy agreement if available

  • evidence that they have notified the tenant in writing that access is required

  • that entry is sought for the purpose of s.181(4) (a) or (b) (or both) of the 2006 Act.

  • the must advise whether or not the landlord has within 12 months prior to the application made another application under s.28A(1) of the 2006 Act in respect of the same house, and

  • the name of anyone the landlord intends to authorise to enter the house

  • the application must be signed by the landlord or their representative

If the tribunal decide to assist the landlord to gain access they will in the first instance send a notice to the landlord and the tenant advising of this and that the tribunal member will be seeking to arrange a suitable time for the landlord to exercise their right of entry.  

The tenant has 14 days from receipt of this notice to make any representations as to whether it is inappopriate or unneccessary for the landlord to exercise their right of entry.  

Where the tenant makes such representations the tribunal will make such enquires as appropriate and decide whether to continue to assist the landlord or not.  

If tenant (without reasonable excuse) fails or refuses, within a reasonable time to respond or agree a suitable date and time, the tribunal may make an order fixing a time and date for the landlord to exercise his/her right of entry.

Last updated: 17 February 2020

Footnotes

  • [1]

    s.28A Housing (Scotland) Act 2006

  • [2]

    s.55 First Tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 SSI 2017/328