A Consultation on Procedure of the First Tier Tribunal Housing and Property Chamber

Closed 31 Mar 2017

Opened 6 Jan 2017

Feedback Updated 20 Jul 2017

We Asked

For your views on a single set of operational draft rules to apply across all jurisdictions in an expanded Housing and Property Chamber - from December 2017. This is intended to streamline existing procedures and provide consistency of approach.  We also asked for views on the provision of publicly-funded legal assistance in certain circumstances

You Said

There was broad support for the draft 2017 regulations but mixed views on the types of cases that should receive publicly-funded legal assistance.  However the majority of respondents agreed with some form of public-funded legal assistance being available across the range of tenancy-related applications where a tenant is at risk of repossession or a landlord or agent lose their livelihood.

We Did

The responses helped us to revise the 2017 draft regulations to deliver benefits of specialism, consistency, and improved access to justice for both tenants and landlords in the private rented sector.  Similarly, we will take account the views on publicly–funded legal assistance in forming future policy on legal representation in the Housing Property Chamber.          
 

Published Responses

View submitted responses where consent has been given to publish the response.

Overview

The Tribunals (Scotland) Act 2014 establishes an integrated structure of tribunals with a First-tier Tribunal (FTT) and an Upper Tribunal. Jurisdictions within the First-tier Tribunal will be organised into ‘chambers’ according to the nature of the dispute.

On 1st December, the Private Rented the Private Rented Housing Panel/Homeowner Housing Panel transferred to the FTT –the first of the existing tribunals to move to the new structure.

We are developing a single set of operational rules to apply across all jurisdictions in the Housing and Property Chamber.  These are required for the expansion of the Chamber to other private rented sector disputes.                
 

Why We Are Consulting

To seek your views on the operational procedure of the Housing & Property Chamber for hearing the disputes transferring from the Sheriff court, disputes under the new letting agents regime and disputes involving the new tenancies established by the Private Tenancies (Scotland) Act 2016.

The Housing & Property Chamber will specialise in housing matters with operational procedures that will put the needs of the user first.  The new forum will enable a less adversarial approach, allow the parties to engage directly with the Tribunal.   We want to improve access by making the process more understandable, more user-friendly. 

Audiences

  • People of Scotland

Interests

  • Communities and Third Sector
  • Public Sector
  • Housing and Regeneration