When Tribunals Award Expenses in Scotland

Being a tenant or renter in Scotland means you may sometimes need to go to a tribunal about rent, repairs or possession. Tribunals can sometimes order one party to pay the other’s legal or wasted costs, but awards only happen in specific situations and require clear evidence. This guide explains when a Scottish tribunal may award expenses, what documents and official forms to use, and practical steps tenants can take to protect themselves and respond. It uses plain language and focuses on private residential tenancies, so you can understand deadlines, how to present evidence at a hearing, and what to expect if a request for expenses is made.

How expenses are awarded

In Scotland, the First-tier Tribunal for Scotland (Housing and Property Chamber) handles many residential tenancy disputes and can, in limited cases, award expenses to one party for costs the other has caused or wasted.^[1] The tribunal will consider the Private Housing (Tenancies) (Scotland) Act 2016 and its rules when deciding whether an expense order is appropriate.^[2] Awards are not automatic: the tribunal looks at conduct, compliance with directions, and whether a party acted unreasonably.

• Notice: failing to follow required pre-action steps or to serve required notices can make an award more likely.
• Warning: unreasonable behaviour such as dishonesty, hiding evidence, or wasting tribunal time.
• Hearing: not attending a hearing or repeatedly ignoring tribunal directions.
• Evidence: late or missing disclosure that forces extra work or an adjournment.

Examples tenants should know

Common tenant-facing scenarios where expenses might be sought or awarded include: where a landlord pursues an eviction without proper notice, where a party repeatedly fails to follow tribunal directions, or where a respondent brings a clearly unfounded counterclaim. If you are a tenant responding to a claim, you can use the tribunal's application and response forms to explain your position and ask the tribunal to refuse expenses or to award expenses against the other side.^[3]

• Tribunal decisions: if a landlord asks for possession without following the law, a tribunal may refuse their claim and consider expenses.
• Late evidence: if a party only produces key documents at the hearing and the tribunal had to adjourn, expenses might be awarded.

How to ask for expenses (tenant action steps)

1. Tribunal guidance: read the chamber rules and any guidance on expenses before you file.
2. Form: complete the correct application or response form and state that you are asking the tribunal to consider expenses.
3. Evidence: gather invoices, receipts, photos and a short timeline showing how the other party’s behaviour caused costs.
4. Hearing: at the hearing make a concise oral application and refer the tribunal to your lodged documents.
5. Payment: if the tribunal grants expenses, ask for a written order showing the amount and payment date; the order explains enforcement options.

FAQ

Can a tribunal order me to pay the landlord's expenses?

Yes, but only in limited circumstances where the tribunal finds a party acted unreasonably, failed to follow rules, or caused wasted costs; decisions are fact-specific and follow tribunal rules and the 2016 Act.^[2]

What evidence helps my case against an expenses claim?

Clear, dated records such as rent receipts, photos, repair requests, written communications and a timeline help show what happened and why costs may not be the other party’s fault.

What if I miss a deadline or a hearing?

Missing a deadline or hearing can harm your position and make expenses more likely; contact the tribunal promptly and explain why you missed it and provide supporting evidence.

How-To

1. Tribunal: check the Housing and Property Chamber guidance on expenses and who can apply.
2. Complete the relevant application or response form and state your request for expenses or your defence to such a claim.
3. Attach clear evidence: bills, receipts, photos and a short written summary of costs claimed or resisted.
4. Make an oral application at the hearing, referring to the evidence and any relevant rules or statute.
5. If the tribunal grants expenses, get the written order and check how to enforce or appeal if necessary.

Key Takeaways

• Keep dated records of all communications, repairs and payments to support your position.
• Use the tribunal application and response forms to explain why expenses should or should not be awarded.^[3]
• Tribunals award expenses only in specific circumstances, so focus on clear evidence and compliance with directions.

Help and Support / Resources

• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Private Housing (Tenancies) (Scotland) Act 2016
• Application and response forms — Housing & Property Chamber

1. [1] First-tier Tribunal for Scotland (Housing and Property Chamber)
2. [2] Private Housing (Tenancies) (Scotland) Act 2016
3. [3] Application and response forms — Housing & Property Chamber