From 1 December 2017, most types of legal applications about private sector tenancies are dealt with by the Housing and Property Chamber, rather than the Sheriff Court. The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 and The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2018 set out the details of the new types of application that parties can make.
From 31 January 2018, applications can be received relating to the registration of letting agents, and where a tenant, landlord or the Scottish ministers consider a letting agent has failed to comply with the Letting Agent Code of Practice.
If you have made an application to the Tribunal before, you can use the menu on the right to navigate directly to the area of the site you require.
If you are unsure where to find information on the type of application you wish to make, please see the guide below. This lists all the possible application types and the links take you directly to the relevant area of the website, where you will find dedicated links to the forms, guidance and FAQ's for that application type in the right-hand menu.
If the type of application you wish to make is not listed below, you may need to seek legal advice on whether your application should be made to the Tribunal or to the Sheriff Court. If the application relates to a private sector residential tenancy under any of these Acts:
- Rent (Scotland) Act 1984
- Housing (Scotland) Act 1988
- Private Housing (Tenancies) (Scotland) Act 2016
you may need to make an application under the relevant civil proceedings rules- i.e rule 70, 91 or 111, depending on the type of tenancy. You can find out more about this by reading the guide below.
Please note that tenancy issues between social landlords (local authorities or Registered Social Landlords, including housing associations) and tenants are dealt with in the Sheriff Court, apart from appeals against rent assessments by the rent officer for tenants and landlords of Regulated Tenancies under the Rent(Scotland) Act 1984.
PART 2 Procedure in respect of homeowner applications
PART 3 Procedure in respect of private rented applications
CHAPTER 2 Procedure in respect of repairing standard applications
CHAPTER 3 Procedure in respect of Landlord applications to the First-tier Tribunal
CHAPTER 4 Procedure in respect of adaptations of rented houses applications
CHAPTER 5 Procedure in respect of assured tenancy references to the First tier Tribunal
CHAPTER 6 Procedure in respect of assured tenancy applications
CHAPTER 7 Procedure in regulated tenancy references
CHAPTER 8 Procedure in respect of regulated tenancy and Part VII contract applications
CHAPTER 9 Procedure in respect of letting agent applications (commencement date 31 Janaury 2018)
CHAPTER 10 Procedure in respect of landlord registration applications
CHAPTER 11 Procedure in respect of tenancy deposit applications
CHAPTER 12 Procedure in respect of private residential tenancy applications
PART 4 Procedure in respect of prescribed property costs applications