Case archive

Edinburgh tenant wins breach of statutory obligations appeal after reconsideration by Upper Tribunal

The Upper Tribunal for Scotland has allowed an appeal by the former co-tenant of a flat in Edinburgh after it was ordered to reconsider her case by the Court of Session.

Upper Tribunal for Scotland 1 December 2020

Upper Tribunal rules Glasgow man can represent himself in proceedings against property factor

The Upper Tribunal for Scotland has granted an appeal against a decision of the First-tier Tribunal for Scotland Housing and Property Chamber to exclude an applicant from representing himself in proceedings raised against a housing association. 

Upper Tribunal for Scotland 10 November 2020

Housing tribunal resumes publication of tenancy deposit case management discussions 

The First-tier Tribunal for Scotland (Housing and Property Chamber) has resumed issuing written decisions in Case Management Discussions following the resumption of proceedings from 9 July 2020.

Upper Tribunal for Scotland 29 July 2020

Tenant refused permission to appeal eviction decision to Court of Session

A tenant who was refused an extension of the time limit for requesting permission to appeal an eviction decision by the Upper Tribunal for Scotland has been refused permission to appeal to the Court of Session by the same court.

Upper Tribunal for Scotland 7 April 2020

Couple who rented stately home granted limited repairing standard appeal

A couple who rented a stately home near Perth have been granted limited permission to appeal the Housing and Property Chamber’s decision regarding the state of repair of their property.

Upper Tribunal for Scotland 2 April 2020

Tenant’s appeal to recover £14,000 deposit from landlord rejected by Upper Tribunal

The Upper Tribunal for Scotland refused an appeal against a decision of the First-tier Tribunal for Scotland (Housing and Property Chamber), which had rejected the tenant’s claim after finding that he requested the arrangement.  ‘Pre-payment agreement’ Sheriff Nigel Ross heard that the appellant James Malloch was formerly a tenant of the respondent Bernisdale Homes Ltd in relation to a residential dwelling in Edinburgh. 

Upper Tribunal for Scotland 19 February 2020

World Heritage Site hotel wins appeal against decision to refuse bid for charitable status

A hotel which donates a proportion of its revenue to a trust that manages a Scottish World Heritage Site has successfully challenged a decision to reject its application for charitable status.

Upper Tribunal for Scotland 11 December 2019

Tenant’s private residential tenancy appeal dismissed

A tenant in a house of multiple occupancy who claimed she and her landlords were subject to a private residential tenancy (PRT) has had her appeal dismissed.

Upper Tribunal for Scotland 17 October 2019

Upper Tribunal rules pro indiviso tenant did not have private residential tenancy

A woman who appealed a decision of the First-tier Tribunal for Scotland on the basis of her claim she did not have a private residential tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 has had her appeal refused by the Upper Tribunal for Scotland.

Upper Tribunal for Scotland 27 September 2019

Housing and Property Chamber erred in dismissing case as ‘frivolous and vexatious’, Upper Tribunal rules

The First-tier Tribunal for Scotland Housing and Property Chamber (FtT) was wrong to dismiss an application to hear a dispute as “frivolous and vexatious”, the Upper Tribunal for Scotland (UT) has ruled.

Upper Tribunal for Scotland 25 September 2019

Landlord who failed to pay tenancy deposit into approved scheme for four years unsuccessful in appeal

A landlord who failed to pay a tenancy deposit into an approved deposit scheme until four years into the tenancy has been unsuccessful in challenging a payment order.

Upper Tribunal for Scotland 9 August 2019

Revenue Scotland fails in appeal against decision to quash penalties for LBTT late return

Penalties imposed by Revenue Scotland (RS) over the late filing of a land and buildings transaction tax (LBTT) return have been quashed after the tax agency failed to produce evidence that it had taken a decision to impose the penalties, as required by legislation.

Upper Tribunal for Scotland 25 July 2019

Upper Tribunal rules building can be demolished even with outstanding repair enforcement order

The Upper Tribunal for Scotland has ruled that the existence of a repairing standard enforcement order did not prevent a trust from having the requisite intention to demolish a building as per Schedule 5 of the Housing (Scotland) Act 1988.

Upper Tribunal for Scotland 28 June 2019

Upper Tribunal for Scotland rules homeowners cannot retrospectively acquire right to complain to property factor

The proprietors of a Glasgow flat who discovered that the property was in need of significant repairs following the date of entry, contrary to what the building’s property factor had told them, did not have a right to complain as they lacked title when the events occurred.

Upper Tribunal for Scotland 27 June 2019