The first judgment issued by the Upper Tribunal for Scotland has now been published.
A new structure for tribunals in Scotland came into effect on 1 December 2016 with the launch of the Housing and Property Chamber of the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland. The Upper Tribunal for Scotland is the appeal body for decisions made by the Chamber, rather than such appeals being heard in the courts.
The first appeal decision has recently been issued by an Upper Tribunal Judge in a Chamber appeal. It is an important decision in relation to the property factor jurisdiction and is one binding on the First-tier Tribunal. It provides helpful guidance on the definition of a "homeowner" laid down in Section 10(5) of the Property Factors (Scotland) Act 2011 and clarifies the persons who may bring applications to the Chamber under the 2011 Act.
The judgment will be a decision of particular interest to property factors as well as users of property management services. The judgment can be seen using this link: