KEY-LETS TRIBUNAL SERVICES

December 2017 saw seismic changes in Scotland’s private rental sector.

Gone was the fixed term Short Assured Tenancy and in came the open term Private Residential Tenancy.

Gone was Sheriff Court jurisdiction on housing matters and in came the First-tier Tribunal for Scotland (Housing and Property Chamber).

Gone were court costs to raise legal actions against tenants and the requirement to have lawyers represent you in court.

In came Tribunal Legal Members made up by the same lawyers’ landlords employed previously to represent them.

In came a system where both tenant and landlord can represent themselves to the Tribunal.

The Housing Tribunal experience has been described as informal, which is true to a point.

You do not attend a court and case meetings and hearings are held in venues around Scotland. There is no dress code and Tribunal members take into account the fact those presenting to them are not lawyers.

The reality is that a Tribunal if a place where legal decisions are made and procedures followed.

Presenting to the Tribunal requires all your wits, backed up with evidence and occasionally, case law or previous Tribunal decision to call upon.

Housing Tribunals are not a walk in the park.

For more information on how they work I recommend reading the short Safe Deposit Scotland blog at:

www.safedepositsscotland.com/blog/2019/04/03/3880

I find Housing Tribunals fascinating and try to sit in as an observer when I can. Any landlord can do this and it is highly advisable if you are likely to present in one.

Unfortunately, Landlords with Scottish rentals will at some point need to apply and present at a Tribunal as the following issues all go there:

Tenants requiring property repairs under the Repairing Standards legislation
Tenants claiming wrongful eviction
Tenants disputing rent levels or rent increases
Landlords requiring right of entry for repairs or safety work
Tenant Eviction
Tenant Arrears
Losses not fully covered by a tenant’s deposit

The Housing Tribunal will also hear other claims such as those against Factors and letting agents.

Please watch my short video explaining our experiences of Scotland’s Housing Tribunals and the services we offer representing landlords at case meetings and hearings.

More information can be found at the First-tier Tribunal website at:

www.housingandpropertychamber.scot/home

For more information on using a solicitor to represent you please go to my blog covering this below or any of the other articles put together to help landlords with tenancy issues.