Back to news list

WJM Achieves Successful Outcome at First Tier Housing Tribunal for Scotlands

WJM Achieves Successful Outcome at First Tier Housing Tribunal for Scotlands

Andrew Pattie

Published by
Andrew Pattie

27th July 2018

WJM are pleased to have secured a successful outcome for a private landlord client at the newly formed First Tier Tribunal for Scotland (Housing and Property Chamber).

Formed in December 2017, the Tribunal is now the forum in which disputes in the private housing rental sector are resolved. This includes all disputes relating to rental arrears, landlord’s right of entry and ongoing repair and maintenance issues.

The case involved a claim for rental arrears against a former tenant who had claimed that certain outstanding repairing issues (among other things) gave the tenant a valid ground for withholding rent. The Tribunal found that no such valid grounds were made out and an order was made in favour of our client for the full amount of the rental arrears.

We also managed to persuade the Tribunal to make an award of expenses in favour of our client, on account of the unreasonable behaviour of the tenant in putting our client to unnecessary and avoidable cost. This is not the default rule under the tribunal regime, and awards of expenses are only made on cause shown, so this represented a good outcome for our client.

The case underlines WJM’s ability to represent our clients in a wide range of litigation forums and reach positive outcomes, whether that is at the Court of Session, Sheriff Court, Employment Tribunal or indeed the First Tier Housing Tribunal.

If you require assistance in dealing with a housing matter, or any other kind of dispute, please contact either Steven Docherty (sd@wjm.co.uk) or Andrew Pattie (ap@wjm.co.uk) who will be pleased to assist.

The information contained in this newsletter is for general guidance only and represents our understanding of relevant law and practice as at July 2018. Wright, Johnston & Mackenzie LLP cannot be held responsible for any action taken or not taken in reliance upon the contents. Specific advice should be taken on any individual matter. Transmissions to or from our email system and calls to or from our offices may be monitored and/or recorded for regulatory purposes. Authorised and regulated by the Financial Conduct Authority. Registered office: 302 St Vincent Street, Glasgow, G2 5RZ. A limited liability partnership registered in Scotland, number SO 300336.