SCTS flags up private tenancy dispute process changes

Scottish Courts & Tribunals Service has issued a briefing reminder of the pending changes to the way in which disputes arising from private rented sector housing are dealt with.

On 1 December 2017 the Private Housing (Tenancies) (Scotland) Act 2016 comes into force. Under the Act the First-tier Tribunal for Scotland (Housing & Property Chamber) will receive applications in respect of private sector rented cases and private residential tenancies. Civil cases relating to the private rented sector will no longer be dealt with as summary cause actions in the sheriff court. There are no fees associated with applications to the tribunal.


The sheriffs’ jurisdiction in civil cases relating to the private rented sector will transfer to that chamber of the tribunal. This is intended to give landlords and tenants access to a specialist, accessible and consistent decision maker. Landlords will be able to apply to the tribunal for eviction and repossession orders where they consider that they have ground(s) for eviction. Former tenants will be able to apply to the tribunal where they feel their tenancy has been terminated unlawfully. Any actions presented to the courts prior to 1 December 2017 will continue before the sheriff until conclusion.

The 2016 Act creates a new private residential tenancy for Scotland. The tribunal will accept applications from tenants and landlords where the terms of the new tenancy are not being met, or where there is disagreement with the rent that has been set for the property by the rent officer.

Applications and appeals

Civil proceedings arising from the new tenancy will be accepted by the tribunal alongside those for the existing tenancy types.
Applications will be made to the First-tier Tribunal for Scotland (Housing & Property Chamber) based in Glasgow. While there is a central administrative centre, tribunal hearings will be held in locations across Scotland.

Housing and property cases are generally heard in a more informal environment, by one or two members of the judiciary. The emphasis is on ensuring that both parties are able to contribute equally to any discussions and hearings, and that they are provided with appropriate support throughout the process.

It should be noted that from 1 December the chamber will no longer be able to offer mediation as part of the tribunals process. The tribunal will however provide information on other mediation providers, should this be required.


Further information on the process and application forms can be found on the Housing & Property Chamber website. Contact details are at this link.

From 1 December 2017, appeals for all First-tier cases are made to the Upper Tribunal for Scotland rather than the Court of Session. Before an appeal can be submitted to the Upper Tribunal, permission to appeal must be sought from the First-tier Tribunal for Scotland. More information can be found at this link.

Further information relating to the changes can be found on the Scottish Government’s website here.