Apply to the Tribunal

From 1 December 2017, most types of legal applications about private sector tenancies will be dealt with by the Housing and Property Chamber, rather than the Sheriff Court.  The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 set out the details of the new types of application that parties can make.

If you have made an application to the Tribunal before, you can use the menu on the right to navigate directly to the area of the site you require.

If you are unsure where to find information on the type of application you wish to make, please see the guide below. This lists all the possible application types and the links take you directly to the relevant area of the website, where you can find the forms and guidance that you will need.

If the type of application you wish to make is not listed below, you may need to seek legal advice on whether your application should be made to the Tribunal or to the Sheriff Court.  If the application relates to a private sector residential tenancy under any of these Acts:

you may need to make  an application under the relevant civil proceedings rules- i.e rule 70, 91 or  111, depending on the type of tenancy. You can find out more about this by reading the guide below.

Please note that tenancy issues between social landlords (local authorities or Registered Social Landlords, including housing associations) and tenants are dealt with in the Sheriff Court, apart from appeals against rent assessments by the rent officer for tenants and landlords of Regulated Tenancies under the Rent(Scotland) Act 1984.

PART 2 Procedure in respect of homeowner applications

43.Application for determination of whether property factor has failed to comply with the 2011 Act.

PART 3 Procedure in respect of private rented applications

CHAPTER 2 Procedure in respect of repairing standard applications

47.Application to contract out of the repairing standard.

48.Application for determination of whether the landlord has failed to comply with the repairing standard.

49.Application to order a person to cease obstructing a person from complying with the repairing standard.

50.Application to appeal against a decision of the landlord.

 

CHAPTER 3 Procedure in respect of Landlord applications to the First-tier Tribunal

55.Application for assistance to exercise the landlord’s right of entry.

 

CHAPTER 4 Procedure in respect of adaptations of rented houses applications

59.Application to appeal the decision of a landlord in relation to adapting a rented house for a disabled person.

 

CHAPTER 5 Procedure in respect of assured tenancy references to the First tier Tribunal

61.Assured tenancy references to the First tier Tribunal.

 

CHAPTER 6 Procedure in respect of assured tenancy applications

65.Application for order for possession in relation to assured tenancies.

66.Application for order for possession upon termination of a short assured tenancy.

67.Application to determine removal expenses.

68.Application to provide written tenancy agreement and weekly rent book.

69.Application for damages for unlawful eviction.

70.Application for civil proceedings in relation to an assured tenancy under the 1988 Act.

 

CHAPTER 7 Procedure in regulated tenancy references

72.Regulated tenancy references to the First-tier Tribunal.

 

CHAPTER 8 Procedure in respect of regulated tenancy and Part VII contract applications

75.Application to determine the statutory tenant after the death of a protected tenant.

76.Application for the apportionment of the rateable value in relation to a protected tenancy.

77.Application for possession.

78.Application for compensation for misrepresentation or concealment by landlord.

79.Application to evict an occupier upon termination of a tenancy.

80.Application to adjust recoverable rent.

81.Application to amend a rent increase notice.

82.Application to rectify a rent book after determination of recoverable rent.

83.Application to determine the rent limit.

84.Application for apportionment of the rateable value in relation to a Part VII contract.

85.Application to reduce the period of a notice to quit.

86.Application to postpone the date of possession in relation to Part VII contracts.

87.Application to recover unlawful premiums and loans.

88.Application to modify a tenant’s right to shared accommodation.

89.Application to alter the amount of rent where the right to shared accommodation is modified.

90.Application to determine the application of the 1984 Act.

91.Application for civil proceedings in relation to a regulated tenancy or Part VII contract under the 1984 Act.

 

CHAPTER 9 Procedure in respect of letting agent applications (commencement date 31 Janaury 2018)

93.Application for extension of time limit to determine application for registration as a letting agent.

94.Application to appeal decision by the Scottish Ministers to refuse to register or removal from register.

95.Application to enforce letting agent code of practice.

 

CHAPTER 10 Procedure in respect of landlord registration applications

98.Application for an extension of time limit to determine application for registration as a landlord.

99.Application to appeal against refusal to register or removal from register.

100.Application to appeal against a decision of the local authority to serve a notice that no rent is payable.

101.Application to revoke a notice that no rent is payable.

 

CHAPTER 11 Procedure in respect of tenancy deposit applications

103.Application for order for payment where landlord has not paid the deposit into an approved scheme.

 

CHAPTER 12 Procedure in respect of private residential tenancy applications

105.Application to draw up terms of tenancy.

106.Application to draw up terms of tenancy where statutory term is unlawfully displaced.

107.Application for payment order where landlord has failed to provide information.

108.Application to appeal rent set by the rent officer.

109.Application for an eviction order.

110.Application for a wrongful termination order.

111.Application for civil proceedings in relation to a private residential tenancy.