Case archive



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

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

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