Missed a Tribunal Hearing? What Scottish Renters Need to Know

If you’re a private renter in Scotland and you’ve missed a tribunal hearing, it’s natural to feel anxious. Understanding what happens next, your available options, and the proper procedures can help you regain control of the situation. This guide explains what to expect if you couldn’t attend a Scottish housing tribunal, your rights under current legislation, and how to take positive action.

What Is the Housing and Property Chamber?

For rental disputes in Scotland, cases involving issues like eviction, rent increases, repair obligations, or deposits are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber). This tribunal is independent and follows official guidance under Scottish tenancy law, including the Private Housing (Tenancies) (Scotland) Act 2016 and Housing (Scotland) Act 1988¹.

What Happens If You Miss a Hearing?

If you are absent for your scheduled hearing, the tribunal may:

• Proceed in your absence—this means a decision might be made without your side of the story.
• Adjourn (postpone) the hearing if there is a good reason you could not attend and you notify them quickly.
• Dismiss your case if you are the applicant (for example, if you started the claim).

Tribunals understand emergencies do happen. Letting the tribunal know as soon as possible and giving evidence (such as a medical note) may help your case.

Action Steps If You Missed a Tribunal Hearing

There are steps you can take to address your absence and protect your rights:

• Contact the tribunal immediately to explain why you missed the hearing. Use the contact details on your notice or visit the official website.
• Check your correspondence and read any written decision that may have been issued.
• If a decision was made against you and you had a valid reason for your absence, you can request a review or appeal.

Relevant Forms and How to Use Them

• Application for Review of Decision (Form AT6)
  Download the review form
  Example: If you missed your hearing because you were unexpectedly hospitalised, complete Form AT6 to ask the tribunal to reconsider its decision and provide your evidence.
• Notice of Appeal (Upper Tribunal)
  Notice of Appeal form
  Example: If your review is unsuccessful, you can use this form to appeal the decision to the Upper Tribunal for Scotland.

Always submit forms within the stated deadlines (usually 14 days for reviews/applications). Attach relevant supporting documents (for example, medical or travel evidence) and send them to the address on the form or by email if permitted.

Court and tribunal timescales are strict. If you’re not sure what to do, seek advice straight away to keep your options open.

Will Missing the Hearing Affect the Outcome?

The tribunal may proceed and decide the case without your input, especially if you are the respondent (the person defending a claim). This could result in:

• Eviction orders being granted
• Rent increases or repayment orders given without your side of the story
• Other decisions (for example, about repairs or deposits) being made in your absence

If you act quickly, you may still be able to have your case reviewed or appealed.

How to Prevent Missing a Hearing

To minimise risk in the future:

• Open tribunal notices as soon as they arrive and add dates to your diary
• If you know you can’t attend, request an adjournment in writing straight away
• Keep the tribunal updated if your details change

FAQ: Missed Tribunal Hearings in Scotland

1. What should I do if I realise I missed my tribunal hearing?
   Contact the First-tier Tribunal for Scotland (Housing and Property Chamber) immediately, explain why you missed it, and check if a decision has already been issued.
2. Can I ask for another hearing if I had a good reason for missing it?
   Yes, you can use the review application form (AT6) to request a reconsideration, especially if you can provide supporting evidence.
3. What if I disagree with the decision even after review?
   You may appeal to the Upper Tribunal for Scotland using the Notice of Appeal form, usually within 30 days of the written decision.
4. Will missing a hearing automatically mean I lose my case?
   Not automatically, but if you do not attend and do not contact the tribunal, it may decide against you by default. Always seek advice if this happens.
5. How do I request a postponement if I know I can’t attend?
   Email or write to the tribunal as soon as possible, citing your reason and any evidence. The tribunal may agree to postpone if your reason is genuine.

Conclusion: Key Takeaways for Renters

• Missing a tribunal hearing in Scotland can have serious consequences, so act fast if it happens.
• You can apply for a review or appeal—use official forms and provide evidence.
• Stay in touch with the tribunal and seek help early to protect your rights.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Official information, forms, and contact details
• Scottish Government: Tenant Protection Guidance – Overview of renter rights and support
• Citizens Advice Scotland: Renting a Home – Free, confidential advice for renters

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988

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