First Tier Tribunal Housing and Property Chamber decision

The tribunal will have to decide whether or not the landlord has complied with her/his duty to carry out repairs and maintain the property to the repairing standard. [1] A majority of the tribunal members have to reach this decision.[2] The decision will be issued in writing to the landlord, the tenant and any representative, and the local authority.[3] Notice of the decision will also have to be accompanied by a statement of reasons for the decision, with any order made, and any report considered by the tribunal in reaching their decision.[4]

If the tribunal establishes that the landlord has failed in her/his duty it will have to issue a Repairing Standard Enforcement Order (RSEO) requiring the landlord to carry out work to bring the property up to the repairing standard.[5]

If a landlord has a court order that permits her/him to contract out of the duty to maintain the property to the repairing standard, the tribunal cannot make an order requiring the landlord to carry out any work that is not required, having contracted out of that duty.[6] For more information on contracting out, please see the section on contracting out of the duty.

If the tribunal determines that the landlord has been unable to comply with the duty because of a lack of rights, the committee will serve a Notice of Failure to Comply (lack of rights) on the local authrotity and the case will be closed. [7] This could occur, for example, if the landlord has been unable to gain access to the property despite having made attempts to do so.

Any party to the action can request a review of any formal decision. A request for review must be made within 14 days of the date of the decision (this time period may be extended by the tribunal, if it is in the interests of justice to do so). The request for review must be made in writing.  The review will be considered, as far as reasonably practicable, by the same member(s) who made the decision to which the review relates. If the tribunal is considering setting the decision aside or re-determining it, then both parties will be given an opportunity to make representations before the decision is made. [8]

Any right of appeal is not affected by the review process. [9]

A landlord, tenant or third party applicant aggrieved by a tribunal decision can seek permission to appeal:

• whether the landlord has complied with the repairing standard duty

• to vary or revoke a repairing standard enforcement order

• that a landlord has failed to comply with a repairing standard enforcement order

• to make or not to make a rent relief order

• to revoke a rent relief order

• to grant, or to refuse to grant, a certificate under section 60 in relation to any work required by a repairing standard enforcement order,

A tenant or third party applicant can also appeal about a decision by a president to reject an application.

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

An appeal can only be made on a point of law. [10]

A decision about whether or not the landlord has failed in her/his duty to repair and maintain the property to the repairing standard will only be able to be appealed at this stage. If a tenant or landlord wishes to appeal against a decision regarding a repairing standard enforcement order or rent relief order (see the sections on repairing standard enforcement orders and rent relief orders for more details), s/he will not be able to then raise the question about whether or not the landlord had complied with the duty to maintain the property in the first place. [11]

The tribunal who made the decision that is being appealed will consider the application for permission to appeal and determine whether they think permission should be granted, granted in part or refused. If permission is granted in part or refused a statement of reasons will be prepared and issued with a note of the decision.

There is a further right of appeal to the Upper Tribunal.[12]

Any decision by the Upper Tribunal can only be appealed at the Court of Session.[13]