Evidence Required for Scottish Housing Tribunal Cases

If you’re a renter in Scotland and facing a dispute — such as a rent increase, repair issues, or eviction — you may find yourself going to the First-tier Tribunal for Scotland (Housing and Property Chamber). Knowing what evidence to prepare is key to successfully presenting your case. This article covers what you need, official documents, and support for renters in Scotland.

Understanding the Scottish Housing Tribunal Process

The Housing and Property Chamber (HPC) resolves disputes between landlords and tenants under Scottish law. Using the right evidence ensures your voice is heard and your rights are fairly considered.

Types of Evidence You Should Provide

Gathering strong, clear evidence will help the tribunal make a fair decision. The more thorough and organised your evidence, the easier it is for the tribunal to understand your case.

• Your Tenancy Agreement: This shows your terms, rent, and both parties' obligations. If you don't have a written agreement, explain your arrangement and provide any email or text confirmations.
• Correspondence: Save emails and letters to or from your landlord or letting agent, especially about the dispute (repairs, rent, deposit issues, etc.).
• Photos and Videos: Date-stamped images of the property, damage, disrepair, or repairs requested or completed.
• Receipts and Invoices: For rent paid, repairs done, or any expenses related to your tenancy.
• Witness Statements: Written statements from people (such as neighbours) who have first-hand knowledge related to your case.
• Official Inspection Reports: Any reports from environmental health, local authorities, or surveyors regarding the property's condition.
• Notice Documents: Copies of any legal notices (e.g., Notice to Leave, rent increase notices).

Summarise your key documents before your hearing to keep your case organised.

Official Tribunal Forms and How to Use Them

When applying to the Housing and Property Chamber, you’ll need to complete the correct official form for your issue. Forms and guidance can be downloaded from the official HPC website. Here are some important forms:

• Application for Repairs - Form AT6:
  Use this when requesting the tribunal to order your landlord to carry out repairs. For example, if your heating hasn’t been fixed after you’ve notified your landlord.
  Download the Repair Application Form (AT6)
• Application regarding Eviction or Possession Order - Eviction forms:
  If your landlord wants you to leave, they may apply with these forms. As a tenant, you can respond and submit your evidence. See full list: Eviction & Civil Proceedings
• Application for Rent Increase Dispute:
  To challenge a rent increase, use the appropriate rent assessment form for your tenancy type:
  Find rent adjudication forms and guidance here

Tip: Always check you have the latest version of the form, fill it in honestly, and attach your key evidence.

Presenting Your Case: What You Need to Do

Once your application is accepted, you’ll receive a hearing date. Prepare by:

• Organising your documents chronologically
• Preparing a short statement outlining your issue and what outcome you want
• Making copies for the tribunal and the landlord
• Arranging witnesses if relevant, and ensuring their statements are ready
• Attending (virtually or in person) and being ready to answer questions about your case

The tribunal is designed to be accessible, and you do not need a solicitor, though you can bring one.

Relevant Scottish Tenancy Legislation

Your rights and the tribunal process are protected by official legislation:

• Private Housing (Tenancies) (Scotland) Act 2016: The main law for most private tenancies.
• Housing (Scotland) Act 1988: Covers older tenancies and some eviction grounds.

Knowing which law covers your tenancy helps you understand what evidence is most important.

Frequently Asked Questions

1. What if I don't have a written tenancy agreement?
   You can still provide other evidence — like emails, text messages, or witness statements — to show the terms agreed with your landlord. The tribunal may consider your oral agreement and all supporting documents.
2. Can I attend the tribunal hearing remotely?
   Yes, most hearings allow remote attendance via video or telephone. The tribunal will inform you of the arrangements and deadline to submit your evidence in advance.
3. Do I need a lawyer or legal representation?
   No, the Housing and Property Chamber is designed to be accessible for the public. You may represent yourself or bring a friend or advisor for support.
4. How do I know if I've submitted the right evidence?
   Read the application guidance for your issue on the HPC website. If in doubt, include anything relevant or ask the tribunal office for advice in advance.
5. What happens if my landlord doesn’t respond to the tribunal?
   The tribunal may proceed with your case and make a decision based on the evidence you have provided.

Conclusion: Key Takeaways for Renters

• Gather all relevant documents, correspondence, and evidence early
• Use the official forms from the Housing and Property Chamber
• Submit your evidence clearly and well before the hearing

Being organised and following the tribunal’s instructions will help you make the strongest case possible.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Official tribunal for Scottish housing matters
• Citizens Advice Scotland — Renting a Home: Free advice and support on renting and disputes
• Scottish Government Private Tenancy Guidance: Detailed info on tenant rights and official forms

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1. First-tier Tribunal for Scotland (Housing and Property Chamber)
2. Private Housing (Tenancies) (Scotland) Act 2016
3. Housing (Scotland) Act 1988
4. Housing and Property Chamber Official Application Forms
5. Scottish Government Rent Adjudication Forms

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