There are 3 different processes for challenging an eviction decision made by the First-tier Tribunal for Scotland (Housing and Property Chamber). You can only follow 1 process at a time.

You can ask the tribunal to:

• recall their decision if you missed the hearing

• review their decision if they did not consider the impacts of the eviction fairly

• appeal their decision if the tribunal used the law incorrectly

There is a deadline for each process. The deadlines can be extended in some cases. Tell the tribunal if you had good reason to miss the deadline, for example, being in hospital.

In each case you must send your request in writing to the tribunal and send a copy to your landlord.

Get advice to help challenge a decision

A solicitor or housing adviser can help you decide which process to use. You can:

• check our list of legal services that can help with housing issues

• contact a Shelter Scotland adviser

Recalling the decision if you missed the hearing

A recall starts the tribunal process again so you have the chance to challenge the eviction. This is sometimes called a minute for recall.

You can only do this when all of the following apply:

• an eviction order was granted

• no-one was there to represent you

• you were not there to represent yourself

• you have not recalled the case before

You must explain why it's necessary and fair to recall the decision, for example, you were not able to attend because you were unwell.

Apply within 14 days of the date of the decision.

Reviewing the decision if it’s unfair

You can ask the tribunal to review their decision if you think it's unfair. This means they will look again at the case to make sure they've made the correct decision.

You’ll need to give reasons why it's necessary and fair to review the decision. For example, you could ask for a review if your landlord did not show evidence of why it's reasonable to evict you.

Apply within 14 days of the date of the decision.

Appealing the decision on a point of law

You can appeal if you think the tribunal did not use the law correctly when deciding your case. An appeal should explain what outcome you believe is correct.

Apply for an appeal within 30 days of either:

• the decision being made at the hearing

• the date on the letter when you get a written decision

Check the tribunal website for more guidance on recalls, reviews and appeals.