Dispute resolution - first tier tribunal
Determinations of rent or repair issues in private sector housing as well as assistance in exercising a landlord's right of entry are dealt with by the First-tier Tribunal for Scotland (Housing and Property Chamber).
The Chamber also provides relatively informal and flexible proceedings to help resolve issues between homeowners and property factors.
The tribunal's functions replaced those of the Private Rented Housing Panel and the Homeowner Housing Panel on 1 December 2016.
From 1 December 2017 the chamber will assume jurisdiction from the sheriff courts for civil cases relating to the private rented sector (criminal cases will remain with the sheriff courts). It will also hear cases related to new private residential tenancies and the new letting agents regime.
- More information on the First-tier Tribunal.
Tenancy deposit schemes and tenant information packs
Landlords have a legal duty to pay any tenancy deposit they receive into an approved tenancy deposit scheme to protect deposits until they are due to be repaid.
Landlords also have a legal duty to provide new tenants with a tenant information pack (revised December 2016) for any short assured or assured tenancy. This would apply to most tenancies which began before 1 December 2017.
Tenancies which began on or after 1 December 2017 will be private residential tenancies. These do not require a tenant information pack. Instead, a landlord has a legal duty to provide new tenants with either the private residential tenancy model agreement: easy read notes for tenants or the Private residential tenancy statutory terms: supporting notes, depending on what tenancy agreement they have used. More information on private residential tenancies can be found in our guides for landlords and tenants: