FAQ for Rent applications
To download the relevant forms go to the rent Application form and relevant documentation page.
Please click on a question below to be taken to the answer.
How is a rent for a tenancy that began prior to 1989 assessed?
How is a rent assessed for a tenancy that began after 1988?
Written Submissions and Requests to the Tribunal
Where can I get advice?
Please note that staff in the Scottish Courts and Tribunals Service cannot give you legal advice on your situation, although they can explain and help you to understand the Tribunal procedure that an application will follow.
If you wish legal advice that is available from a solicitor, and a list of solicitors is available on the Law Society of Scotland website. Legal Advice relating to housing issues may also be available from Shelter, Citizens Advice Scotland, or a University Law Clinic. Citizen’s Advice Scotland also provide advice relating to benefits, debt and money matters. The websites for these and other organisations are available from our Links page
How is a rent for a tenancy that began prior to 1989 assessed?
Ordinarily, 'fair rents' only apply to tenancies established before 1989. A landlord or tenant of a regulated tenancy under the Rent (Scotland) Act 1984, can apply to the Rent Officer to have a 'fair rent' fixed. The Rent Service Scotland website gives their contact details and access to the Fair Rent Register.
If either a landlord tenant is dissatisfied with the rent fixed by the Rent Officer, then an appeal can be made to the The First-tier Tribunal for Scotland (Housing and Property Chamber) to have the ' fair rent' determined by the tribunal. The Housing and Property Chamber can deal with applications under Part VII of the Rent (Scotland) Act 1984.
How is a rent assessed for a tenancy that began after 1988?
The Housing and Property Chamber can hear applications brought under the Housing (Scotland) Act 1988. Where there is a statutory assured tenancy and the landlord serves a notice proposing to increase the rent, (form AT2) the tenant may refer the notice to the Housing and Property Chamber and ask the Tribunal to fix an open market rent. The Housing and Property Chamber also deals with appeals by landlords or tenants where the other party has proposed a review of the terms of the tenancy.
A tenant under a short assured tenancy can ask the Tribunal to decide what the rent should be under section 34 of the 1988 Act.
In cases under the 1988 Act the prescribed forms must be used as the relevant legislation requires this. These forms are on the Application form and relevant documentation page or can be obtained by contacting our office.
Written Submissions and Requests to the Tribunal
In general terms, when a party wishes to make a request for consideration by the tribunal, an example would be a request for a postponement or adjournment of a case management discussion or hearing, this request with the reasons for it should be highlighted at the beginning of the written submission or communication sent to the tribunal. This makes it easier for the tribunal administration to identify the request and it avoids delay and the risk that such a request is missed.
When submitting written representations to the tribunal, in accordance with legislation, we are required to cross all correspondence over to the tribunal members and the other party involved in the case. If any party wishes to submit confidential information and request this is not crossed over to the other party, then such a request with the reason for non-disclosure must be made clear at the beginning of the written submission. Requests for non-disclosure of information may not be granted for reasons of fairness and transparency. In the event that the request for non-disclosure is not granted, the whole written submission will not be crossed over to the other party and will be disregarded for the purposes of the tribunal proceedings. As a consequence, to avoid delay in circulation of submissions which include a request for non-disclosure of information, parties may wish to consider whether it is appropriate to lodge two documents with the tribunal. One document containing their submissions which contain no confidential information, which will automatically be crossed over to the other party and the tribunal members and will form part of the case papers, with another document containing the confidential information with the request at the start of the document for non-disclosure of this document with the reasons for the request.