Are Housing Tribunal Hearings Public or Private in Scotland?

If you're renting in Scotland and are facing a dispute about rent, repairs, eviction, or your tenancy, you might have to attend a tribunal hearing. Understanding whether these hearings are public or private is important, especially if you value your privacy or want to know more about what to expect at your hearing.

What is the Housing Tribunal in Scotland?

In Scotland, disputes between renters and landlords are usually decided by the First-tier Tribunal for Scotland (Housing and Property Chamber). This independent body handles issues like rent disputes, eviction notices, repairs, and right of entry applications. Its procedures are set by Scottish law and focus on being accessible to everyone, including people without legal representation.

Are Tribunal Hearings Public or Private?

The default position is that hearings at the Housing and Property Chamber are held in public. This means members of the public, including the press, may attend or observe the hearing—whether it takes place in person or remotely (for example, by video call).

• Public Hearings: Most tribunal hearings are open to anyone who wishes to attend.
• Private Hearings: If your case contains sensitive information (for example, about your health or safety), you can request that part or all of the hearing be kept private. The tribunal will decide if this is appropriate.
• Written decisions of the tribunal are also usually published and accessible to the public, unless the tribunal specifically orders otherwise.

While public hearings are the norm, the tribunal understands the need for privacy in certain situations. If you feel you have a good reason for your hearing to be private, you can make an application (see below for the relevant form).

Key Tribunal Forms for Renters

• Application Form: Form FTT5 (General Application Form)
  Use: For most private rented sector complaints (such as challenging a rent increase, repairs, or eviction actions), you should complete Form FTT5.
  Example: If your landlord has issued an eviction notice and you believe it isn't valid, you can complete Form FTT5 and submit it online or by post to the tribunal.
• Request for Private Hearing
  Use: If you need your hearing to be heard in private, you should write to the tribunal when you make your application or as soon as possible afterwards. Explain your reasons—such as personal safety or confidential information.
  How: There is no set form, but you should include your case reference and clearly state why a private hearing is necessary. More guidance is available from the official tribunal user guidance (pdf).

Relevant Tenancy Legislation

The main law covering Scottish private tenancies is the Private Housing (Tenancies) (Scotland) Act 2016. Dispute resolution process and tribunal procedure are governed by the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017.^[1][2]

What Can You Expect at a Tribunal Hearing?

Most hearings are informal, and you do not need a lawyer to attend. The tribunal panel listens to both sides, reviews evidence, and makes a decision. If your hearing is public, observers may be present, but they cannot participate. If privacy is granted, only involved parties and the tribunal are allowed in the hearing room (physically or virtually).

How to Apply and What Happens Next

• Download and complete Form FTT5 (or the relevant form for your issue) from the Housing and Property Chamber website.
• Submit any evidence (such as correspondence, photos, or repair requests) with your application.
• If you request a private hearing, include your reasons in writing.
• Wait for written confirmation and tribunal instructions by post or email.

Summary: Most tribunal hearings are public, but renters can apply for privacy if there is a good reason. Use the right form and contact the tribunal if unsure.

Frequently Asked Questions

1. Can I ask for my housing tribunal hearing to be private?
   Yes, you can request this by stating your reasons in writing to the tribunal. The panel will then decide if part or all of your hearing is held in private.
2. Will the decision from my hearing be made public?
   In most cases, tribunal decisions are published online. However, if the hearing or part of it is private, sensitive information may be omitted.
3. Can I bring someone to support me at the hearing?
   Yes, you may have a friend, family member, or support worker with you. They can attend even if the hearing is private, as long as they are involved with or supporting your case.
4. What if I feel anxious about a public hearing?
   You can share your concerns with tribunal staff in advance. They can give advice and may help you request a private hearing or additional support.
5. Do I need a lawyer for the tribunal?
   No, you do not need legal representation. The process is designed to be accessible, but you may seek advice from support services if you wish.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Submit applications or ask about your hearing status.
• Scottish Government: Tenants' Rights Information – Know your rights as a renter in Scotland.
• Citizens Advice Scotland – Renting – Free advice and support for all housing issues.

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017

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