Further to the information first supplied on the impact of the Covid-19 pandemic in this news article:
https://www.housingandpropertychamber.scot/news/important-information-–-impact-covid-19-pandemic
we have the following update:
1.No further re-inspections or supervised access arrangements will take place until further notice. The situation will be kept under review.
2.Applications will continue to be accepted by the First tier Tribunal for Scotland Housing and Property Chamber (HPC) and processed through the sift process to the point of notification of acceptance of the application (to the stage of Rule 9 in the HPC Procedural Rules) (these rules are available on the HPC website)) in readiness for fixing a case management discussion (CMD) or hearing. However, as will be appreciated, this plan is dependent on having the ongoing resources to complete these tasks and on Glasgow Tribunal Centre (as the HPC administrative base) remaining open. We would encourage applicants to submit applications electronically and for parties to provide electronic contact details. This reduces the possibility of cross-contamination and is not reliant on the postal service. This will assist if HPC needs to put in place remote working.
3.HPC are not planning for new hearings or case management discussions until (at least) 28 May 2020. Parties should not attend the Tribunal on 28 May 2020 and will receive further details before that date. It is our hope that rescheduled case management discussions and hearings will be able to be fixed from 28 May onwards but, as will be appreciated, this is dependent on matters out with our control.
4.In eviction cases, payment claims and tenancy sanction cases the legislative procedure is that once the Tribunal has made a decision the Tribunal administration must wait until the end of the appeal period of 30 days before issuing the order to the applicant in implement of the decision.
Presently, some Tribunal decisions will have been issued and the appeal period is running. Orders in such cases will be issued by the Tribunal administration if no appeal is received or on conclusion of appeal proceedings if the appeal is unsuccessful.
If no CMDs or hearings take place, then there is no procedure at present (apart from under Rule 18) for the issue of an order for eviction or payment. The only exception is power under Rule 18 of the HPC Procedural Rules to determine the proceedings without a hearing. Rule 18 states -
Power to determine the proceedings without a hearing18.—(1) Subject to paragraph (2), the First-tier Tribunal—
(a) may make a decision without a hearing if the First-tier Tribunal considers that—
(i) having regard to such facts as are not disputed by the parties, it is able to make sufficient findings to determine the case; and
(ii) to do so will not be contrary to the interests of the parties; and
(b) must make a decision without a hearing where the decision relates to—
(i) correcting; or
(ii) reviewing on a point of law,
a decision made by the First-tier Tribunal.
(2) Before making a decision under paragraph (1), the First-tier Tribunal must consider any written representations submitted by the parties. 5.Any time limits in relation to making an application still apply at present. If the application is not lodged in the prescribed manner, it is held to be made on the date that the HPC receives the last of any outstanding documents necessary to meet the required manner of lodgement (Rule 5(3) HPC Procedure Rules). 6.The HPC receives a significant volume of applications which do not meet the prescribed manner of lodgement by not providing within the application required information or not submitting prescribed attachments. Not only does this impact on the date when the application is deemed to be made, but it also delays the processing of applications whilst the absent information or document is sought. We would ask applicants to check the written guidance for making an application on the HPC website to ensure that applications when initially sent to the HPC meet the necessary requirements. This will assist the Tribunal at a time of strained resources. 7.All of the above are subject to change dependent on emergency legislation/measures.
**UPDATE** Further information is available in this news article:
https://www.housingandpropertychamber.scot/news/update-2-impact-covid-19-pandemic