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Landlord and Tenant Disputes, First-Tier Tribunal for Scotland

February 17, 2022 Civil Litigation

In Scotland, applications regarding private sector tenancies involving are now heard by the Housing and Property Chamber at the First-tier Tribunal – this process is beneficial to both landlords and tenants as it is more informal than the previous applications being heard through the Sheriff Courts in Scotland. The First-Tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 and the First-Tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations provide clear guidance and rules for any application to be heard at the Tribunal.

The Tribunal seeks to provide an informal process to hear from both landlords and tenants in any dispute that may arise from the tenancy period. Landlord and tenant disputes involve a wide variety of issues that are heard by and decided by the Tribunal by way of case management discussions and evidential hearings. This includes applications regarding rental arrears, rent discrepancies, repairing standards, deposit disputes and eviction applications and eviction proceedings. We can assist with applications by both landlord and responses by tenants at Jones Whyte and assist you with reaching your desired resolution.

The Tribunal will hear and decide on disputes arising from several types of leases in Scotland: Assured Tenancy Agreements, Short Assured Tenancy and Private Residential Tenancy Agreements which commenced in December 2017. The tenancy agreements are governed by the following legislations: Rent (Scotland) Act 1984, Housing (Scotland) Act 1988 and the Private Housing (Tenancies) (Scotland) Act 2016. It is crucial to understand the terms of your tenancy agreement as a landlord or a tenant when applying or responding to the Housing and Property Chamber and our Dispute Resolution team at Jones Whyte are here to help at each stage of the process either as an applicant or a respondent.

Jones Whyte can assist you with your eviction proceedings through the First-Tier Tribunal for Scotland Housing and Property Chamber. It is important to note the temporary law applying to all eviction notices from 7 April 2020, which is extended until 31 March 2022. This means our team can provide clear guidance as to the notice a landlord must provide their tenant with prior to starting eviction proceedings or vice versa if a tenant believes they have been served with eviction proceedings with the incorrect notices outlined within the relevant legislation.

The Housing and Property Chamber are specific in their guidance for applications so it is crucial to proceed on the correct basis to prevent future complications – our team will provide clear guidance and assistance on each notice period as per the legislation. There is no charge for lodging the applications and you can apply to the tribunal for more than one issue at a time, this is beneficial for rent arrears and eviction proceedings by landlords. The Tribunal also offer an “advertisement” service if you are unaware of the current address of the individual you are making the application against which makes the process easier and time-efficient.

These applications and responses may appear complex at the outset, however, the Tribunal is set up to provide a seamless process for you to reach your desired resolution. Our team at Jones Whyte has great experience in all applications and responses to the Tribunal and can appear on your behalf at each stage of the procedure.

For more information about landlord and tenancy disputes/applying to the First-Tier Tribunal, please contact our expert department on 0141 375 1222 or via this – we look forward to working with you!

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