First Tier Tribunal Housing and Property Chamber

The First Tier Tribunal Housing and Property Chamber is part of the Scottish Courts and Tribunals Service. They are able to make decisions and take enforcement action on a number of areas of housing law. From 1st December the functions of the sheriff court, in relation to most private rented sector tenancies, passed to the tribunal.

Tribunal procedures

This section deals with the procedures in common with all types of application as defined in Part 1 of the Regulations. 

Tribunal decisions and review rights

This section examines the potential decisions that the First Tier Tribunal Housing and Property Chamber can make and discusses how a decision can be reviewed or appealed. 

Recalling a decision

As was the case with matters which were previously heard in the Sheriff court there is a process whereby a decision made by the tribunal can be recalled. The rules however for this are slightly different from the sheriff court procedures and there is a strict 14 day time limit. 

Tenancy deposit

Where a tenant pays a deposit but the landlord fails to place this into the statutory deposit scheme within the required timescale, a tenant may make an application to the tribunal. 

Repairing Standard

If a private rented property fails to meet the repairing standard, a tenant or local authority can apply to the tribunal to enforce repairing rights. 

Adaptations

Private tenants have the right to ask her/his landlord for consent to carry out work to adapt the home to meet the needs of an occupant with a disability 

Assured tenancies

From 1st December 2017 all civil legal action relating to assured and short assured tenancies moves under the jurisdiction of the First Tier Tribunal Housing and Property Chamber. This section gives details of which matters are covered. 

Regulated tenancies

From 1st December 2017, actions in relation to regulated tenancies and Part VII contracts come under the jurisdiction of the tribunal. 

Private residential tenancies

All actions regarding private residential tenancies come under the jurisdiction of the tribunal. This section gives details of which matters are covered. 

Letting agents

The regulation of letting agents comes into force in early 2018. Letting agents must submit an application be registered by 30th September 2018. 

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. 

Landlord registration

Most private landlords are required by law to register with their local authority and appeals regarding this can be made to the tribunal. 

Homeowners

The tribunal can determine applications from homeowners in relation to disputes between them and their property factor.