Upper Tribunal For Scotland

The Upper Tribunal for Scotland has refused a tenant’s application for permission to appeal a decision of the Housing and Property Chamber of the First-tier Tribunal in which it determined that an unfair rent review clause was made fair by the inclusion of a right of independent assessment.

The Upper Tribunal for Scotland has allowed an appeal against a decision of the First-tier Tribunal’s Housing and Property Chamber to dismiss an eviction application because the notice to leave prepared by the landlord’s letting agents was one day off when it specified the date on which

A landlord who was refused an eviction order against a tenant in rent arrears after a housing tribunal found that there would be significant detrimental impact on the tenant has won an appeal to the Upper Tribunal for Scotland against the decision and granted the order sought. Appellant Scott Mackel

A sheriff of the Upper Tribunal for Scotland has remitted three applications by the owners of holiday chalets on a lochside estate concerning alleged breaches of property factor duties to the First-tier Tribunal for Scotland after finding that the chalets could be considered residential properties

A former landlord who alleged that his tenants had stolen a set of shutters and failed to pay for replacement carpets has been refused permission to appeal his two cases against them to the Upper Tribunal for Scotland after it upheld the First-tier Tribunal’s decision in both cases that no los

The Upper Tribunal for Scotland has allowed an appeal by a landlord ordered to pay over £5,000 to her former student tenants after finding that the First-tier Tribunal had inadequate evidence to reach the conclusions it did.

The Upper Tribunal for Scotland has refused an appeal by two landlords against the First-tier Tribunal’s decision not to grant them an eviction order to remove the long-term tenant of their property on the basis of financial hardship.

A former tenant of a property in Aberdeen who was refused a wrongful termination order by the First-tier Tribunal for Scotland without a hearing has won an appeal to the Upper Tribunal seeking a reconsideration of his application. Matthew Carrol, the appellant, argued that the FTS had made a final d

The Upper Tribunal for Scotland has quashed an eviction order granted by the First-tier Tribunal to an Edinburgh landlord who claimed he needed to move back into the property in order to better care for his sister. Tenants Campbell Taylor and Louise Drysdale appealed after an application was made by

The Upper Tribunal for Scotland has granted permission for an appeal by a landlord against a decision of the First-tier Tribunal for Scotland refusing her £70 of compensation for the cost of reinstalling a gas hob at her let property that was disconnected by the fire brigade. Appellant Andrea

A tenant ordered to pay over £11,000 in rent arrears from September 2021 until 2023 to his former landlord has lost an appeal against the First-tier Tribunal’s decision to make the award against him. He rented a property in Airdrie from Celtad Ltd from January 2020, and left the property

Shelter Scotland, who acted on behalf of the appellants in the case of Manson and Downie v Turner and Turner, highlights the significance of the Upper Tribunal's decision in relation to the correct approach to assessing reasonableness specifically in relation to ground 1 and the

The Upper Tribunal for Scotland has dismissed a repairing standard application raised by two tenants against the creditor of their former landlord after an appeal was made against the First-tier Tribunal’s decision that the creditor could be regarded as the landlord for the purposes of the ap

A sheriff of the Upper Tribunal for Scotland has found that a dispute between an Edinburgh woman and a company that let out her flat during the Edinburgh Festival should be remitted to the First-tier Tribunal to allow for evidence to be heard on the nature of the let.

The Upper Tribunal for Scotland has refused an appeal by a homeowner who disputed that an award made in his favour by the First-tier Tribunal in relation to a breach of the Property Factors Code of Conduct should be credited to his account with the factor.