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

Ordinary Members

Eligibility for an ordinary member of the Housing and Property Chamber is set out in Section three of The Scottish Tribunals (Eligibility for Appointment) Regulations 2015 ("the 2015 Regulations") which state:

3. (1) A person is eligible for appointment as an ordinary member of the First-tier Tribunal for Scotland if paragraph (2) or (3) applies to the person.

(2) This paragraph applies to a person who has substantial relevant housing or property experience.

(3) This paragraph applies to a person who has substantial relevant surveying experience.

(4) Paragraph (2) or (3) applies to a person, whether the person has obtained the substantial relevant housing, property or surveying experience in a business, trade, charity or not-for-profit organisation, or in a profession or in academia.

(5) In this regulation—

“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; and
“relevant surveying experience” means experience in surveying related to housing and building conditions as a member or fellow (or former member or fellow) of the Royal Institution of Chartered Surveyors (“RICS”), but such experience does not count as relevant experience where a person is a former member or fellow of RICS, if the person has been debarred from RICS or if the person has been subject to any sanction that would have led to such debarment had the person not ceased to belong to RICS.

Legal Members

Eligibility for a legal member of the Chamber is set out in Section four or the 2015 Regulations:

4.—(1) A person is eligible for appointment as a legal member of the First-tier Tribunal for Scotland under paragraph 5(2) of schedule 3 to the Act if the person qualifies under paragraph (2).
(2) Subject to paragraph (5), a person qualifies under this paragraph, if the person has had—

(a) previous engagement in practice for a period of not less than 5 years as a solicitor or advocate in Scotland; and
(b) subsequent engagement in any of the activities listed in paragraph (3).

(3) The activities are—

(a) exercising judicial functions in any court or tribunal;
(b) practice or employment as a lawyer of any kind;
(c) teaching or researching law at or for an educational institution.

(4) The 5 year period referred to in paragraph (2)(a) (and the 5 year period referred to in paragraph 5(1) of schedule 3 to the Act) may be calculated on a cumulative or a continuous basis.

(5) A person is not to be treated as having satisfied paragraph (2)(a), if the person has been debarred from the person’s professional body or if the person has been subject to any sanction that would have led to such debarment had the person not ceased to belong to the professional body.
 

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-