Appeals and Reviews

If you have received a decision from the Housing and Property Chamber, you may be entitled to submit an appeal or seek a review of the decision. Please visit the individual jurisdiction pages to find out more on the types of decisions that are subject to appeal or review. If you have an administrative complaint, or a complaint about a judicial member, please visit the complaints page.

Appeals and Reviews from decisions of the First-tier Tribunal for Scotland (Housing and Property Chamber)

What if a party wishes to appeal?

  • An application for permission to appeal must be made in writing to the First-tier Tribunal
  • The application must
    • Identify the decision to which the application for permission relates
    • Identify the point or points of law on which the applicant wishes to appeal
    • State the result the applicant is seeking
  • Permission must be sought within 30 days -  ie the application for permission must be received within 30 days of:
    • the decision being appealed against being sent to the appellant OR
    • if later, a statement of reasons being sent to the appellant OR
    • the date of the hearing at which the decision was given orally  - unless written reasons were requested (within 14 days of the hearing), and the Tribunal undertook to provide them, in which case within 30 days of the date they were sent.
  • The First-tier Tribunal for Scotland has power to extend the time for requesting permission to appeal “on cause shown”.

 

Which decisions may be appealed?

  • Any decision that is not an excluded decision in terms of the Tribunals (Scotland) Act 2014 (see Section 46(5)), or in terms of the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (see Rule 37(3)).
  • A refusal of permission to appeal is not reviewable OR appealable (Section 55(2) of the Tribunals (Scotland) Act 2014).
  • A decision in a review (being the decision to set aside, take no action, or correct a minor or accidental error) is not reviewable OR appealable (Section 52 of the Tribunals (Scotland) Act 2014)

 

What decision can the First-tier Tribunal for Scotland make?

  • Permission to appeal may be granted by the First-tier Tribunal for Scotland (Housing and Property Chamber), or
  • Permission may be granted in part, or
  • Permission may be refused

 

What if Permission to Appeal is granted by the First-tier Tribunal for Scotland?

  • The appellant may then submit an appeal to the Upper Tribunal for Scotland

 

What if Permission to Appeal is refused by the First-tier Tribunal for Scotland?

  • The decision is not reviewable or appealable
  • If permission is refused, the appellant may then seek permission to appeal from the Upper Tribunal for Scotland

 

What if Permission to Appeal is granted in part by the First-tier Tribunal for Scotland?

  • The decision is not reviewable or appealable
  • The appellant must decide whether to
    • apply to the Upper Tribunal for Scotland for permission to appeal the points that were not granted by the First-tier Tribunal for Scotland, or
    • submit an appeal to the Upper Tribunal for Scotland to determine only the points that were granted by the First-tier Tribunal for Scotland

 

What is the timescale for applying to the Upper Tribunal?

  • The application must be made within 30 days of the date on which the grant or refusal of permission was sent to the appellant
  • The 30 day period can be extended by the Upper Tribunal “on cause shown”.

 

What is “Review”?

  • This is where both the First-tier Tribunal for Scotland (Housing and Property Chamber) and the Upper Tribunal for Scotland have the power to review their own decisions.

 

How is a Review triggered?

  • The relevant tribunal may decide at its own instance, to review a decision or a party to the case can ask it to do so.

 

On what basis can the tribunal review its decision?

  • If, in the interests of justice, it considers it is necessary to do so.

 

Which decisions may be reviewed?

  • Any decision that is not an excluded decision in terms of the Tribunals (Scotland) Act 2014 (see Section 43(3)), or in terms of the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (see Rule 39(1)).
  • A refusal of permission to appeal is not reviewable OR appealable (Section 55(2) of the Tribunals (Scotland) Act 2014).
  • A decision in a review (being the decision to set aside, take no action, or correct a minor or accidental error) is not reviewable OR appealable (Section 52 of the Tribunals (Scotland) Act 2014)

 

What time limits apply to reviews?

  • An application for review by a party must be sought within 14 days -  i.e. the application for review must be received by the First-tier Tribunal for Scotland within 14 days of:
    • the decision being made  OR
    • if later, the written statement of reasons being sent to the parties.

 

What is the procedure for a review?

  • The application for review must be in writing and must state why a review is necessary. The party seeking a review must send a copy of the application for review to all other parties.
  • If the tribunal revise the decision and statement of reasons following review, either at the request of a party or on its own initiative, the revised decision is treated as a fresh decision and there is a period of 14 days from the issue of the revised decision for seeking a review, and a period of 30 days from the issue of the revised decision for seeking permission to appeal.
  • If the decision and statement of reasons are not revised, the 30 days for seeking permission to appeal runs from the date of issue of the original decision, and the decision cannot be reviewed again.

 

Recall of decisions of the First-tier Tribunal for Scotland (Housing and Property Chamber)

The opportunity to seek recall of a decision only applies in limited types of applications, in terms of Rule 30 of the Tribunal Rules

What if a party wishes to apply to recall a decision?

• A party can only apply for recall where the Tribunal made the decision in absence because the party did not take part in proceedings, or failed to appear or be represented at a hearing following which the decision was made.

• the application must be made in writing and state why it would be in the interests of justice for the decision to be recalled

• the application may not be made unless a copy of the application has been sent to the other parties at the same time

• the application must be made by the party and received by the Tribunal within 14 days of the decision. This period may be extended if the tribunal consider there is good reason to do so.

 

What effect does an application for recall have?

• an application for recall has the effect of preventing any further action being taken by any other party to enforce the decision for which recall is sought, until the recall application is determined by the Tribunal

 

What can the other parties to proceedings do when an application for recall is made?

Any party may oppose recall of a decision by:

• lodging a statement of objection within 10 days of receiving the copy of the application for recall; and

• sending a copy of the statement to the other party at the same time

 

What decision can the Tribunal make on a recall application?

The tribunal can:

• grant the application and recall the decision

• refuse the application; or

• order the parties to appear at a case management discussion where the tribunal will consider whether to recall the decision.

 

Can the same party apply for recall more than once?

No, a party may only apply for recall in the same proceedings on one occasion.

 

Associated downloadable documents: