First tier tribunal
What is the First Tier Tribunal for Scotland (Housing and Property Chamber)?
Since 1 Dec 2017, matters which were previously submitted under a Summary Cause Action to the local Sheriff Court, are now submitted and decided by the First Tier Tribunal for Scotland (Housing and Property Chamber).
This is a specialised tribunal that deals with disputes related to the Private Rented Sector. It is part of the Scottish Tribunals and offers a more accessible and less formal alternative to court for resolving civil cases on tenancy issues, evictions, rent arrears, standards of repairs, general conditions of the dwelling or the unlawful termination of a tenancy.
What Does the First Tier Tribunal Do?
The Tribunal’s main function is to hear and resolve disputes between private landlords, tenants, and other parties within the private rented sector, such as letting agencies. Its key functions include:
- Eviction and repossession cases: Private landlords can apply to the Tribunal for eviction orders and repossession of properties. This usually occurs when landlords believe they have valid legal grounds, such as rent arrears, breach of tenancy terms, or the landlord’s intention to sell or move into the property.
- Unlawful termination or disputes over tenancy agreements: Former tenants can apply to the Tribunal if they believe that their tenancy was unlawfully ended or if there are disputes regarding the terms and enforcement of their rental agreements.
- Rent arrears cases: If there is a dispute over unpaid rent or the amount of rent owed, the Tribunal can investigate and conclude the matter.
- Housing condition disputes: The Tribunal can also consider cases where tenants have concerns about the condition of the property, such as issues with repairs or safety standards.
- Disputes over tenancy deposit returns: If a tenant believes that their landlord has unfairly withheld their tenancy deposit, they can apply to the Tribunal to resolve the issue.
Who Can Access the First Tier Tribunal?
The First Tier Tribunal (Housing and Property Chamber) is accessible to the following parties:
- Private landlords
- Former tenants
- Tenants and landlords in disputes
- Letting Agents and Property Managers
Where Are Case Hearings Based?
The First Tier Tribunal for Scotland (Housing and Property Chamber) is based in Glasgow, but hearings can take place across Scotland, including Edinburgh, Aberdeen, and other towns and cities.
The Tribunal holds hearings at various locations across Scotland to ensure accessibility for both landlords and tenants.
Remote hearings: Most cases are conducted via teleconference or videoconference meetings. This enables all parties to participate without needing to be physically present. Participants are required to dial into a scheduled hearing, which helps reduces travel time and expenses for those attending.
In-person hearings: Some hearings are held in person, and certain remote or rural areas may have hearings scheduled at community centres. In the Scottish Borders these are held at:
- Heart of Hawick
- Langlee Community Centre.
The in-person hearings may be scheduled for a full day, particularly if they involve more complex or lengthy cases.
How Do I Contact the First Tier Tribunal?
You can contact the First Tier Tribunal for Scotland (Housing and Property Chamber) through the following contact details:
- Address: Scotland Housing and Property Chamber Tribunal Hearing Centre 2nd Floor, 20 West Nile Street Glasgow, G1 2PF
- Tel: 0141 302 5900
- Email: HPCAdmin@scotcourtstribunals.gov.uk
- Or on the Housing and Property Chamber Website
Applying to the First Tier Tribunal
To start a case with the First Tier Tribunal, you need to follow these steps:
- Check eligibility: Ensure that your case falls within the scope of issues the Tribunal covers. For example, if you are a private tenant involved in a dispute over a rent deposit or an eviction notice, it would be eligible.
- Complete the application: Applications to the Tribunal can be made online through their website, by email, or by post. The forms and guidelines are available on their website
- Pay the fee: In some cases, there may be a fee for making an application, depending on the nature of the case. However, there are fee exemptions/ reductions for certain circumstances.
- Provide supporting evidence: Be prepared to provide any supporting documents, such as the tenancy agreement, forms of communication with the landlord, and any other relevant evidence to support the case.
- Wait for the hearing: After submitting your application, you will be notified of your hearing date, whether it’s by teleconference or in person.
The Hearing Process
- Case presentation: During the hearing, both the landlord and tenant (or other involved parties) will be able to present their case. If the hearing is by teleconference, each party will dial in at the scheduled time and can present their arguments to the Tribunal panel.
- Legal advice and representation: You are permitted to have legal representation at the hearing, though it is not mandatory. If you prefer not to represent yourself, solicitors, housing advisers, or other legal professionals will be able to assist you.
- Decision: Once the Tribunal has considered all the evidence, it will issue a decision, usually within a few weeks after the hearing. If the decision involves eviction or repossession, the Tribunal will issue an order, which can then be enforced through the courts.
Time at Tribunal
When a private tenant has been served a valid notice from their landlord, it will have an expiry date depending on the type of tenancy held and the grounds on which the notice has been served. Once the notice period expires, the landlord can apply to the First Tier Tribunal to start the process to terminate the tenancy.
A straightforward and undefended case at the First Tier Tribunal can take up to four months. If a proof hearing is required, this could add a few additional months to the length of the case.
Advice for Appearing Before the Tribunal
- Be prepared: Make sure you have all the relevant documents, such as the tenancy agreement, letters, and any evidence that supports your case.
- Understand the rules: Familiarise yourself with the Tribunal’s rules and procedures before the hearing to ensure that you understand and comply with all requirements.
- Seek advice: If unsure about the process or your case, consider seeking advice from housing organisations, legal professionals, or advisory services such as Shelter Scotland.