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Jurisdiction Changes 1 December 2017

Notice of Jurisdiction Changes for Private Rented Sector Cases and Residential Tenancies

On 1 December 2017 new legislation will come into force which will mean the First-tier Tribunal for Scotland (Housing and Property Chamber) will receive applications in respect of Private Sector Rented Cases and Private Residential Tenancies. Civil cases relating to the private rented sector will no longer be dealt with as a Summary Cause Action raised within the Sheriff Court.   Fees will not be charged in relation to these Tribunal applications.

Private Rented Sector Cases
Sheriffs will no longer have jurisdiction in relation to civil cases relating to the Private Rented Sector in Scotland.  This will transfer to the First-tier Tribunal for Scotland (Housing and Property Chamber).  Landlords will be able to apply to the Tribunal for eviction and repossession orders where they consider that they have ground(s) for eviction.  Former tenants will be able to apply to the Tribunal if they consider that their tenancy has been terminated unlawfully.  Any actions presented to the courts prior to 1 December 2017 will continue before the Sheriff until conclusion.

Private Residential Tenancies
The Private Housing (Tenancies) (Scotland) Act 2016 creates a new Private Residential Tenancy for the private rented sector in Scotland.  Applications may be made to the Tribunal by tenants and landlords where the terms of the new Private Residential Tenancy are not being met, or where there is disagreement with the rent that has been set for the property by the Rent Officer.

Arrangements for Applications to the Tribunal
Applications can be made to the First-tier Tribunal for Scotland (Housing and Property Chamber).  This is a specialist Tribunal based in Glasgow where it has its administrative centre.  However, tribunal hearings will also be held in locations across Scotland, as required.

Housing and Property cases are heard by one or two of the Tribunal’s members and its rules enable informality and flexibility wherever possible.  Parties are often unrepresented and the Tribunal’s practices and procedures are designed to accommodate that and to provide them with appropriate support throughout the process. 

More Information
Further information on the process and application forms can be found on the Housing and Property Chamber website.

From 1 December 2017, appeals from the First-tier Tribunal (Housing and Property Chamber) will be to the Upper Tribunal for Scotland.  Housing cases will no longer be able to be appealed directly to the Court of Session.  Before an appeal can be submitted to the Upper Tribunal for Scotland, permission to appeal must be obtained.  More information can be found here.

For further information relating to the regulatory changes please refer to the Scottish Government’s website here.