Tribunal actions for private residential tenancies
Most new private tenancies granted from 1st December 2017 will be private residential tenancies. All applications relating to this type of tenancy come under the jurisdiction of the tribunal. This section gives details of which matters are covered.
Tenancy terms
Where the landlord fails to provide information despite the tenant giving notice requesting this an application can be made to the tribunal. Where no written tenancy agreement has been provided the tenant can apply to ask the tribunal to draw up written terms. [1] A tenant can also apply to the tribunal where a statutory term has been displaced.
The tribunal also have the power to order the landlord to make a payment to the tenant up to the value of six months’ rent. See the section on private residential tenants - tenancy terms for more information.
Rent
A private residential tenant (or landlord) may make application to the tribunal to appeal the rent set by a rent officer. [2]
See the section on Rent – private residential tenancies for more information.
Eviction
A landlord may apply to the tribunal for an eviction order on the basis of one of eighteen grounds. [3] Please see the sections Landlord wants possession and Repossession process.
Wrongful termination
Where a tenant has evidence to suggest that they were misled by the landlord into giving up the tenancy, for example where the landlord has served notice under false pretences, the tenant can make an application to the tribunal. [4] The tenant can also apply to the tribunal where they have evidence to suggest that an eviction order was granted on the basis of false or misleading information. [5]
See the section on Wrongful termination.
Repairing standard
Where the property is in a state of disrepair a private residential tenant can make an application to tribunal. See the section on enforcing the repairing standard.
Tenancy deposit
Where a landlord of a private residential tenancy fails to comply with the statutory deposit regulations a tenant can apply to the tribunal. See the section on Tenancy deposit schemes for more information.
Civil proceedings
There may be other civil proceedings available to private residential tenants which are not covered by a specific rule, but arise as a result of the tenancy itself. [6]
The full list of rules should be checked. If no other rule applies and the action arises from a private residential tenancy then applicants should apply under rule 111 using Form F.
(This is the rule used by a landlord to seek an order for payment of rent arrears but is not limited to this).
Applicants should provide as much information about what is sought, for example an order for payment or for something specific to happen.
Where there is any doubt about which rule applies or where it appears more than one rule may apply, it should be noted that an applicant may apply under more than one rule at the same time.
Last updated: 28 July 2020