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.

This content applies to Scotland

When decisions can be recalled

A party may apply to have a decision recalled [1] in relation to application under the following chapters of the Rules only:

  • Chapter 4 - Adaptations of rented houses applications

  • Chapter 6 - Assured tenancy applications

  • Chapter 8 – Regulated tenancy applications.

  • Chapter 11 – Tenancy deposit applications

  • Chapter 12 - Private residential tenancy applications

The decision must have been made in absence because the party did not take part in proceedings or failed to appear or be represented at a hearing following which the decision was made.

How to apply

The application to have the decision recalled must be made in writing within 14 days of the decision and must state why it would be in the interests of justice for the decision to be recalled. A copy of the application must be sent to the other party or parties at the same time.  

The application for recall will have the effect of preventing further action being taken by the other party until the application for recall is determined.

A party may oppose a recall of a decision by lodging a statement of objection with the tribunal within 10 days of receiving notification of the application for recall and sending a copy of the statement of objection to the other party or parties at the same time.

After considering the application and any statement of objection the tribunal may:

  • Grant the application and recall the decision

  • Refuse to recall the decision

  • Order the parties to appear at a case management discussion where the tribunal will consider whether to recall the decision.

Last updated: 17 February 2020

Footnotes

  • [1]

    Sch.1 para.30 First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 SSI 2017/328