What the tribunal hears
The First-tier Tribunal for Scotland (Housing and Property Chamber) deals with many residential tenancy disputes, including rent, the repairing standard, deposit returns and some eviction matters. The tribunal’s powers and many tenant rights come from the Private Housing (Tenancies) (Scotland) Act 2016[2] and tribunal practice guidance; check the tribunal pages for the full list of application types[1].
- Rent and payment disputes, including claims about arrears or unlawful deductions.
- Repairing Standard cases where a landlord has failed to keep the property in reasonable condition.
- Eviction and possession issues, such as disputed notices and grounds for eviction.
- Deposit disputes and repayment claims when a landlord will not return a protected deposit.
How to apply and official forms
To start a case you will normally complete an application form for the Housing and Property Chamber and submit evidence. The tribunal website lists application types, form templates and guidance for each case type[1]. Check fees and submission rules on that site before you apply.
- Application for a Repairing Standard Enforcement Order (RSEO) — used when repairs are not being made; tenants use it to ask the tribunal to require the landlord to fix specific problems. See the tribunal pages for the current application form and guidance[1].
- Application for a Payment Order (payment or return of money) — used to ask the tribunal to order payment, for example where a protected deposit was not returned; complete the tribunal payment/order application as directed on the forms page[1].
- Other tenancy applications (rent dispute, variation, or challenge to a notice) — choose the specific application type on the tribunal forms and follow the guidance for evidence and declarations[1].
Preparing evidence
Gather clear, dated evidence before you apply. Evidence improves your case and helps the tribunal decide fairly.
- Documents and records: tenancy agreement, email correspondence and written notices.
- Payments: bank statements, rent receipts and deposit protection paperwork showing payments in and out.
- Photos or videos: clear dated images of faults, damage or unsafe conditions.
- Timeline: a short, dated log of events (repairs requested, responses, visits) to show the sequence and timing.
FAQ
- Can I apply to the tribunal as a tenant?
- Yes. Tenants can apply for remedies like Repairing Standard Enforcement Orders, payment orders for deposits, and other tenancy disputes if the tribunal has jurisdiction.
- How long does a tribunal case usually take?
- Timelines vary by case complexity; simple cases may be decided on papers within weeks, while contested hearings can take several months depending on listing and evidence.
- Do I need a lawyer to apply?
- No. Many tenants apply without a lawyer, but you can get advice from local advice services or instruct a representative if you prefer.
- Will I have to attend a hearing?
- The tribunal may decide on written evidence or require a hearing; attend if asked, or provide a clear written statement if you cannot attend.
How-To
- Check that the Housing and Property Chamber can hear your issue and read the guidance on the tribunal website.
- Gather evidence and records: tenancy agreement, receipts, photos and a dated timeline of events.
- Complete the correct application form recommended for your case type and attach your evidence.
- Submit the application following the tribunal’s filing rules and within any stated time limits.
- Attend any hearing or provide a statement; keep copies of all submissions and note the tribunal’s decision.
Key Takeaways
- Keep organised, dated evidence for every request or contact with your landlord.
- Meet deadlines for responses, applications and hearings to protect your rights.
- Use the tribunal’s official forms and guidance to ensure your application is accepted.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Scottish Government: private rented sector guidance and tenant support
- Private Housing (Tenancies) (Scotland) Act 2016 (legislation)
