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: 

1. Private Rented Sector (PRS) Applications

On 1 December 2017, the sheriff’s jurisdiction for civil cases relating to the private rented sector (PRS) was transferred to the HPC. A new private residential tenancy regime was introduced on the same date, and the HPC provides the dispute resolution mechanism for issues arising from these new tenancies. The private rented sector jurisdiction deals with a wide range of private rented tenancy issues. Since its introduction, it has been by far the biggest jurisdiction in terms of case volumes.

The three biggest categories of PRS applications in terms of volume are:

  • Eviction applications,
  • Civil proceedings,
  • Tenancy deposit applications.

Other categories of PRS application include:

  • Drawing up the terms of a tenancy,
  • Provision of a written tenancy agreement,
  • Landlord registration appeals,
  • Letting agent registration appeals,
  • Requirements for disabled adaptations for private rented properties,
  • Damages for unlawful eviction,
  • Wrongful termination orders,
  • Recovery of unlawful premiums and loans,
  • Appeals against rent penalty notices issued by a local authority.

2. Repairing standard applications

Under the Housing (Scotland) Act 2006, private rented sector tenants can apply to the Chamber to seek to compel their landlord to carry out necessary repairs to ensure that their property meets the statutory “repairing standard”. This standard has been extended to include the tolerable standard test, and holiday lets of over 31 days’ duration. Third parties (i.e. local authorities) can also make applications, in the same way as a tenant.

3. Homeowner (Property Factor) applications

Under the Property Factors (Scotland) Act 2011, homeowners can bring an application to the Chamber regarding a dispute with their property factor under either or both of two possible grounds:

  1.  that the property factor has failed to carry out its duties as a property factor in relation to the management or maintenance of land,
  2. that the property factor has failed to comply with the statutory code of conduct for property factors.

4. Landlord (Right of entry) applications

Private landlords can apply for assistance in exercising their right of entry to tenanted property to view the state and condition of the property and/or to carry out works to meet the requirements of the repairing standard under the Housing (Scotland) Act 2006.

5. Rent Assessment Applications

Under the Rent (Scotland) Act 1984, both landlords and tenants can appeal against rents registered by Rent Officers in relation to regulated tenancies and seek a determination of a fair rent for their property.

Under the Housing (Scotland) Act 1988, the HPC can consider, in relation to assured and short assured tenancies:

(a) Appeals by tenants against the level of rents set by landlords and can decide a market rent for such properties in accordance with that Act, and
(b) Appeals by landlords or tenants where the other party has proposed a review of the terms of the tenancy.

Under the Private Housing (Tenancies) (Scotland) Act 2016, the HPC can consider appeals against the level of rent set by the rent officer in relation to a private residential tenancy.

6. Letting Agent Applications

On 31 January 2018, the registration of letting agents became compulsory, and compliance with a statutory code of practice for all registered letting agents became mandatory. Since that date, tenants, landlords and Scottish Ministers have been able to apply to the HPC where there is a dispute over compliance 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

  • Case management and the preparation of decision paperwork.

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.

Page Revisions