New court procedures for the private rented sector in Scotland

From 01 December 2017, new legislation came into force in Scotland which means that Sheriff Courts no longer have jurisdiction for civil cases relating to the Private Rented Sector in Scotland.

The new court for cases of this type is the Housing and Property Chamber in Glasgow. It’s a form of Tribunal.

Note that the regime for court actions for evictions and rent arrears has not changed for local authority and social landlord tenancies. They are still in the Sheriff Court.

Here are some FAQs about the new system.

How much does it cost to raise the action?

It’s free of charge. In the Sheriff Court, on the other hand, it costs £102 to raise a Summary Cause action for eviction and/or rent arrears.

What procedural differences are there?

One obvious difference is that, under Sheriff Court procedure, you can raise claims for eviction and rent arrears in one action. Under the tribunal procedure, you have to raise these as separate claims. [Read more…]

Evicting tenants from residential property

If you have let out domestic property to tenants and now wish to recover possession of the property, we can help. We know what procedures are required when evicting tenants from residential property has become necessary.  It may be that we set up a lease for you in the first place but, even if we did not, we can still help. Most residential tenancies are set up as Short Assured Tenancies.

To qualify as a short assured tenancy, there are certain requirements.

For example, the lease must be for a period of at least 6 months. There is also a special form (Form AT5) which must be served on the tenant no later than the commencement of the tenancy notifying them that the lease is a short assured lease.

To be able to advise you on your right to recover possession of the property, we will need to see (at least) the following documents:

  • the lease,
  • Form AT5 (served at the outset of tenancy), and
  • any notice to quit or “section 33” notice you have served.

[Read more…]