46.This section provides that where a local authority seeks, or the Scottish Ministers seek, information from a person (“the information holder”) under section 14(1) or (2) and the landlord fails to provide all of the information sought within 28 days of receiving the request, the requester may apply to the Tribunal seeking an order requiring the information holder to pay the requester no more than £1,000 (see subsections (3) and (6)). And in making such an order, the Tribunal may also order the landlord to provide the information that the landlord has failed to provide (see subsection (7)).
47.The requester may apply to the Tribunal within 12 months of the landlord information holder receiving the request for information. Before applying to the Tribunal under subsection (3) for an order against an information holder who has failed to provide all of the information sought within the time limit, the requester must give the information holder 28 days’ notice of the requester’s intention to apply to the Tribunal. Where the requester is a local authority, it must have regard to any guidance given by the Scottish Ministers about the form and content of such notices. But the requester may only apply to the Tribunal if: (a) the information holder has not provided all of the requested information within 28 days of the request or on the conclusion of the review (as the case may be) and (b) the requester is satisfied that information holder does not have a reasonable excuse for failing to do so.
Crown Application Part 1 – Rent Power to seek information relating to tenancies Section 16 - Information holder’s failure to provide information sought