Housing and Property Chamber

Housing and Property Chamber 

The work of the Chamber is varied with over 50 different types of applications which can be considered by the Chamber. Most applications are determined by a panel comprising of a legal member and an ordinary specialist member.  

The Chamber is headed by Chamber President Aileen Devanny. 

Some of the main categories of applications lodged with the Chamber are: 

Private Rented Sector (PRS) Applications

The PRS jurisdiction covers a broad range of private rented tenancy issues and represents the Chamber’s largest case volume. The three most common PRS application types are:

  • Eviction applications
  • Civil proceedings
  • Tenancy deposit applications

Repairing standard applications

Private rented sector tenants and third parties (e.g., local authorities) can apply to require landlords to carry out repairs needed to meet the statutory repairing standard.

Landlord (Right of entry) applications

Private landlords may apply for assistance in exercising their right of entry to inspect the condition of a tenanted property and/or carry out necessary works under the Housing (Scotland) Act 2006.

Rent Assessment Applications

Landlords and tenants may appeal against rents registered by Rent Officers for regulated tenancies and seek a determination of a fair rent.

Property Factor Applications

Homeowners may apply in relation to disputes between them and their property factor in relation to the property factors’ statutory duties and compliance with the Property Factors' Code of Conduct.

Letting Agent Applications

A tenant, landlord or the Scottish Ministers may apply to the First-tier Tribunal for a determination that a relevant letting agent has failed to comply with the Letting Agent Code of Practice.

Eligibility

To be eligible for appointment as an Ordinary Member, you must have substantial relevant housing or property experience.

These apply to a person, whether the person has obtained the substantial relevant housing or property experience in a business, trade, charity or not-for-profit organisation, or in a profession or in academia.

“relevant housing or property experience” means experience in—
(a) matters relating to landlord and tenant relationships;
(b) housing matters (including as regards private rented sector, letting agency and
    factoring matters); or
(c) land and property management matters.

To be eligible for appointments as a Legal Member, you must:

  • Have previous engagement in practice for a period of not less than 5 years as a solicitor or advocate in Scotland; and
  • Subsequent engagement in any of the activities listed below: 
    (a) exercising judicial functions in any court or Tribunal; 
    (b) practice or employment as a lawyer of any kind; or
    (c) teaching or researching law at or for an educational institution. 
     

Role of Chamber Members

Members will sit as part of a judicial panel within the Tribunal.  This will include:

  • Panel participation and decision-making

  • Provision of expert advice

  • Preparation of casework.

The skills required of Tribunal judicial office holders are as follows-

Legal Judicial Office Holders

Legal Knowledge

  • Evidence of a high level of legal knowledge and experience and skills in interpretation and application of the law
  • A knowledge of and experience in housing or property law or evidence of the motivation and ability to acquire legal knowledge in this area. 

Leadership 

  • The ability to exercise strong leadership and work constructively and collaboratively with other members of the Tribunal in reaching independent and reasoned decisions.  

Sound Judgement & Intellectual Capacity

  • The ability to concentrate on and absorb arguments, summarise factual and legal issues, and apply knowledge to arrive at balanced judgements. 

Management Skills

  • The ability to manage cases actively and expeditiously, and produce a high quality of written work quickly.  

Communication & Interpersonal Skills

  • Courteous and considerate to all tribunal users and staff, sensitive to people from different social backgrounds. 
  • Committed to engaging positively and openly with parties and the public and encourage participation in proceedings.
     
Non-Legal Judicial Office Holders

Background of Knowledge and Experience in Housing Issues

  • The ability to provide an insight into housing related issues particularly concerning landlords and tenants and tenancy sustainability 

Sound Judgement & Intellectual Capacity

  • The ability to concentrate on and absorb relevant arguments, summarise factual issues, and apply knowledge to arrive at balanced, objective and impartial judgements.  

Management Skills

  • The ability to manage cases actively and expeditiously, and to help produce clear and high quality written work quickly;
  • The ability to work with other members of the tribunal facilitating collective decision making.                                   

Communications and Interpersonal Skills

  • Display courtesy and consideration to all tribunal users and staff; Display sensitivity to people from different social backgrounds and an ability to engage different communication styles tailored to the requirements of tribunal users.
  • Committed to engaging positively and openly with parties and the public and encouraging parties’ participation in tribunal proceedings to ensure that parties feel able to present their arguments and evidence to the tribunal. 
  • The ability to communicate electronically.
     
Personal & Judicial Qualities - All Judicial Office Holders

Applicants will be expected to possess the following qualities:

Specialist Knowledge

  • Provide the tribunal with support and guidance on matters in which they hold specialist knowledge, lived experience, understanding and expertise on relevant issues which are in dispute.

Working with others

  • Work collaboratively and effectively as part of a team of judicial office holders and be active in the hearing, deliberations and decision making.
  • Take responsibility for process and decisions, ensuring they are fair and impartial.
  • Manage difficult issues which may arise in hearings in an inclusive and supportive manner, with care and sensitivity.
  • Is self-aware and uses feedback and self-reflection to develop self and others.

Exercising Judgement

  • Remains impartial and open minded and is seen to be fair to all.
  • Able to absorb and distil complex arguments, summarise issues, and apply specialist knowledge to support well reasoned decisions.
  • Able to focus on salient pieces of information and ask probing, focused questions in a way that is sensitive to those being questioned.

Managing Work Effectively

  • Is diligent and hard working.
  • Is able to deliver work at speed and under pressure within timescales set by the Chamber President.

Communicating Effectively

  • Modifies communication style to meet the needs of other judicial office holders, parties and witnesses.
    Ability to communicate in an inclusive and respectful manner.
  • Listens with care, patience and respect.
  • Participate fully in deliberations after the hearing has concluded and convey specialist knowledge clearly.

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