What Renters Can Do If They Lose at the Housing Tribunal in Scotland

If you’ve attended the First-tier Tribunal for Scotland (Housing and Property Chamber) and the decision didn’t go your way, it’s understandable to feel worried or uncertain. Scottish housing law gives renters some options to challenge decisions, seek advice, and understand their rights after a tribunal outcome. This guide breaks down what to do if you lose at the housing tribunal and where to turn for help, focusing on the needs of private renters in Scotland.

Understanding the Tribunal Decision

After your case is heard, the tribunal will issue a written "Decision and Statement of Reasons". This document outlines what the tribunal decided and the legal basis for that decision. Make sure to read this carefully, as it’s essential for understanding your next steps.

• Decisions typically arrive by email or post within a few weeks of the hearing.
• The decision will state whether you (the tenant) or your landlord was successful.
• If the outcome includes an order (for example, to pay rent arrears or vacate the property), the details and deadlines will be made clear.

Can You Appeal the Tribunal’s Decision?

Yes, but only in certain circumstances. You have the right to seek permission ("leave") to appeal if you believe the tribunal made a legal error, not just because you disagree with the outcome. Appeals cannot be made simply due to unhappiness with the result.

• You must apply for permission to appeal to the First-tier Tribunal for Scotland (Housing and Property Chamber) itself before you can take your case to the Upper Tribunal.
• The appeal must relate to a point of law—for example, if the law was applied incorrectly or there was an unfair process.

Timescales and Deadlines

• You have 30 days from the date the written decision was sent to ask for permission to appeal.

If you miss this deadline, you may lose your right to appeal unless you can demonstrate very good reasons for the delay, which are rarely accepted.

Which Form to Use: Application for Permission to Appeal

• Form Name: Application for Permission to Appeal
• When to Use: If you believe the tribunal made a legal error and you want the Upper Tribunal to review the case.
• How to Use: Fill in the form showing why you believe there has been a legal mistake, include the relevant parts of the decision, and send it to the tribunal within 30 days.
• Download the Application for Permission to Appeal form (Word)

For a renter, this could mean, for example: you lost a rent increase dispute because the tribunal misunderstood the law, so you use this form for permission to appeal on that specific point.

What Happens Next?

• The original tribunal will decide whether to grant permission. If refused, you can apply directly to the Upper Tribunal for Scotland within 30 days using their application process.
• If permission is granted, the Upper Tribunal will review your case based on written submissions and, in some cases, a further hearing.

If You Cannot Appeal or Choose Not To

• Comply with the tribunal’s order (such as making payments or moving out if required). Ignoring an order can lead to enforcement action.
• Seek advice on negotiating with your landlord where possible. Sometimes a payment plan or new agreement can be reached with support.
• Contact local advice services for help managing the outcome or investigating if any further recourse is possible.

Scottish tenancy law includes protections and obligations for both renters and landlords. Your options may be limited after losing a case, but support is available.

Relevant Legislation and Tribunals

• Key Tribunal: First-tier Tribunal for Scotland (Housing and Property Chamber)
• Core Legislation: The Private Housing (Tenancies) (Scotland) Act 2016, the Housing (Scotland) Act 1988, and related statutes.

Refer directly to tribunal guidance and legislation for complete details on your specific case type.

Frequently Asked Questions

1. How long do I have to appeal a housing tribunal decision in Scotland?
   You usually have 30 days from the date the written decision is issued to submit your appeal to the First-tier Tribunal. Missing this deadline may mean you cannot appeal.
2. What does ‘point of law’ mean when appealing a tribunal decision?
   A ‘point of law’ is a legal mistake, such as the tribunal incorrectly applying the law, rather than simply disagreeing with the judgement on facts.
3. Can I get help filling out the Application for Permission to Appeal?
   Yes. Agencies like Shelter Scotland and Citizens Advice Scotland can help you understand the process and check your application before submission.
4. What happens if I can’t comply with the tribunal’s order?
   If you’re struggling to meet the decision (for example, to pay arrears or move out), seek advice urgently. Ignoring an order can lead to enforcement action or sheriff officers.
5. Does losing a tribunal case affect my right to remain in the property?
   It may, depending on the specifics of the order. If the tribunal grants an eviction order, you will normally have to leave by the date specified, unless you obtain a successful appeal or a new agreement.

Need Help? Resources for Renters in Scotland

• First-tier Tribunal for Scotland (Housing and Property Chamber): Official forms, appeal guidance, and tribunal contact details.
• Shelter Scotland: Free housing advice and support helpline for renters.
• Citizens Advice Scotland: Legal help and advocacy services, including help with tribunal paperwork.
• Scottish Government: Housing Policy: Official updates, tenancy rights, and rules affecting renters.

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1. See First-tier Tribunal for Scotland (Housing and Property Chamber), official appeal forms and process.
2. Appeals rules and timescales sourced from official tribunal guidance (2023).
3. Core legislation: Private Housing (Tenancies) (Scotland) Act 2016 and Housing (Scotland) Act 1988.
4. Form: Application for Permission to Appeal (2024) from the First-tier Tribunal (Housing and Property Chamber).
5. Upper Tribunal appeal info: Upper Tribunal for Scotland – How to Appeal.

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