Tribunal decisions and review rights

The tribunal will not usually give a decision on the day. It will be issued in writing after the hearing along with a statement of reasons for the decision unless the decision relates to a review of a First Tier Tribunal decision or where the decision relates to a preliminary issue (dealt with as a 'direction') [1]

The tribunal aim to have the decision issued to the parties within 21 days after the date of the decision. However, sometimes this may take longer if the tribunal require more time to consider the issues.

The tribunal may reject a case if: [2]

• they consider that the application is frivolous or vexatious;

• the dispute to which the application relates has been resolved

• they have good reason to believe that it would not be appropriate to accept the application

• they consider that the application is being made for a purpose other than a purpose specified in the application; or

• the applicant has previously made an identical or substantially similar application  

The tribunal may dismiss a case if: [3]

• The tribunal does not have jurisdiction

• The applicant has failed to comply with an order which stated that failure to comply could lead to the dismissal of the case

• The applicant has failed to co-operate with the tribunal to such an extent that the tribunal cannot deal with the proceedings justly and fairly.

Any party to the action can request a review of a decision unless the application relates to a matter exempt from the review process. The exemptions are as follows: [4]

• Where the tribunal have made a decision to stop assisting a landlord to access a property  

• The apportionment of the rateable value by the sheriff where the dwelling house forms parts of landlord and heritages

• Change of circumstances affecting a tenant who shares accommodation with persons other than the landlord which are deemed to be rented increases

• Application by a local authority for an extension of the time limit for determining an application for landlord registration

• Landlord application for right of entry

• Appeals in relation to right to adapt rented houses for a disabled person or for energy efficiency

• Time limit for determining application for registration as a letting agent

• Tribunals’ power to set rent

The application to review must be in writing and must be made within the 14 days of the date on which the decision is made (or within 14 days of the date that the written reasons were sent if this was later). [5] The application must state clearly why the review is necessary.

If the review if considered to be wholly without merit the decision will be refused and the parties will be notified of the reasons for the refusal.

The tribunal must notify the parties in writing setting a time limit for any response and seeking views of the parties on whether the application can be determined without a hearing. And may at their discretion set out the tribunal’s provisional views on the application.

The decision however may be reviewed without a hearing.

The review will be considered, as far as reasonably practicable, by the same member(s) who made the decision to which the review relates.

A review does not affect the time limit for making an application for permission to appeal. The time limit for this is 30 days. [6]

A party to an action, aggrieved by a tribunal decision can seek permission to appeal a decision but in common with the review process there are a number of matters which cannot be appealed. These are: [7]

• A decision arising from a review by a tribunal

• Where the tribunal have made a decision to stop assisting a landlord to access a property

• The apportionment of the rateable value by the sheriff where the dwelling house forms parts of landlord and heritages

• Change of circumstances affecting a tenant who shares accommodation with persons other than the landlord which are deemed to be rented increases

• Application by a local authority for an extension of the time limit for determining an application for landlord registration

• Landlord application for right of entry

• Appeals in relation to right to adapt rented houses for a disabled person or for energy efficiency

• Time limit for determining application for registration as a letting agent

• Tribunals’ power to set rent

Any appeal must be made within 30 days of being notified of that decision. [8]

An appeal can only be made on a point of law. [9] What amounts to a point of law breaks down into four broad categories: [10]

• An error of general law, such as the content of the law applied

• An error in the application of the law to the facts

• Making findings for which there is no evidence or which is inconsistent with the evidence and contradictory of it

• A fundamental error in approach to the case: for example, by asking the wrong question, or by taking into account manifestly irrelevant considerations, or by arriving at a decision that no reasonable tribunal could properly reach.

The tribunal who made the decision that is being appealed will consider the application for permission to appeal to the Upper Tribunal and determine whether they think permission should be granted or refused. If permission is granted the Upper Tribunal will then look at the case.

If permission is refused a statement of reasons will be prepared and issued with a note of the decision. The refusal to allow an appeal may be appealed by applying directly to the Upper Tribunal for permission to appeal. [11]

Decisions made by the Upper Tribunal may only be appealed at the Court of Session. [12]