Next Steps After a Scottish Housing Tribunal Decision

After a decision by the First-tier Tribunal for Scotland (Housing and Property Chamber), it’s important that you, as a renter, understand what happens next. Whether the tribunal addressed issues like rent increases, eviction notices, or property repairs, knowing your options and responsibilities can help you feel more confident about the future.

Understanding the Tribunal's Decision

The First-tier Tribunal for Scotland (Housing and Property Chamber) hears disputes between renters and landlords, including eviction cases, rent increases, and repair requests. When the tribunal reaches a decision, you’ll receive a written document called a Decision Notice. This explains what was decided, the reasons why, and what each party must do next.

What Might the Tribunal Decide?

• Order the landlord to make repairs within a set timeframe
• Uphold or refuse a rent increase
• Grant or refuse an eviction request
• Order payment of compensation by the landlord or tenant

You’ll usually be told how long you or your landlord have to carry out the tribunal’s order—these deadlines are enforceable and legally binding.

Complying With Tribunal Orders

If the tribunal orders your landlord to take action (for example, carry out repairs or pay you damages), the landlord is legally required to do so within the stated period. If you’re required to do something—like pay rent owed or leave the property by a certain date—you must also comply.

If the Order Isn’t Followed: Applying for Enforcement

If your landlord or the other party does not follow the tribunal’s order, you can ask the Sheriff Court to enforce it. This may include requesting sheriff officers to act (for instance, to recover money or enforce repairs).

• Example: If the tribunal orders your landlord to repair your heating within 14 days and they don’t, you can apply to the Sheriff Court for enforcement.

Appeals: Challenging the Tribunal’s Decision

Either party (renter or landlord) is allowed to appeal against the tribunal’s decision, but you must act within the legal timeframe.

• Deadline: You must apply for permission to appeal within 30 days of the Decision Notice being issued.
• How: Submit an appeal application to the Housing and Property Chamber, explaining why you think the decision was wrong.

Official Appeal Form: Application for Permission to Appeal

• Form Name: Application for Permission to Appeal to the Upper Tribunal Scotland
• When to Use: If you believe the tribunal made a legal or procedural error and wish to challenge their decision.
• How to Use: Download and complete the application from the Housing and Property Chamber’s appeal process page. Submit within 30 days of the decision.
• Download the Application for Permission to Appeal form (DOCX)

The Upper Tribunal for Scotland will consider your application and decide if the appeal can proceed. You should set out the reasons for your appeal clearly and include supporting evidence if available.

Key Deadlines and What to Expect

After a tribunal decision, keep in mind these important steps and timelines:

• Read your Decision Notice carefully—check for any actions you must take or deadlines to meet
• If appealing, submit your application within 30 days
• If enforcing an order, contact the Sheriff Court promptly

Many renters find it helpful to set reminders for all key dates in their calendar, and to keep copies of all correspondence and tribunal documents.

Relevant Scottish Tenancy Legislation

Your rights and the tribunal’s powers mainly come from the Private Housing (Tenancies) (Scotland) Act 2016 and the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017.
The tribunal follows these when deciding cases about things like eviction, rent, and repairs.

1. What if I disagree with the tribunal’s decision?
   

   If you think the tribunal made a mistake in law or process, you can apply for permission to appeal to the Upper Tribunal within 30 days of the written decision.

2. How do I enforce a tribunal order if my landlord ignores it?
   

   You can apply to your local Sheriff Court for enforcement. Supply the official Decision Notice as proof. In repair order cases, this service is free for tenants.

3. Does the tribunal’s decision mean I have to leave my home immediately?
   

   Only if the tribunal made an eviction order. Even then, there will be a specified date. You do not have to leave before this date.

4. Can I get help filling out forms or understanding my options?
   

   Yes. Free advice is available from housing charities such as Shelter Scotland and from your local council’s housing team.

5. Will having a tribunal decision affect my credit rating?
   

   No, tribunal decisions are not automatically reported to credit agencies unless court enforcement is used for unpaid debts.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Official site for forms, decisions, and guidance
• Shelter Scotland: Free housing advice
• MyGov.Scot – Your tenancy rights
• Your local council’s housing department: tenancy support and advice

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1. First-tier Tribunal for Scotland (Housing and Property Chamber) official site
2. Private Housing (Tenancies) (Scotland) Act 2016
3. First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017
4. Housing and Property Chamber: Appeal Process

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