Change in forum for private sector tenancies and eviction proceedings


Friday, Dec 01, 2017

Proceedings relating to private tenancies will be heard in the First-tier Tribunal for Scotland (Housing and Property Chamber) from Friday 1 December.

This encompasses actions in relation to the Rent (Scotland) Act 1984, the Housing (Scotland) Act 1988 and the Private Housing (Tenancies) (Scotland) Act 2016.

Importantly this affects proceedings for eviction in relation to most private sector tenancies in Scotland, which were formerly within the jurisdiction of the sheriff court.

Civil legal aid is potentially available for these proceedings, with full details on all applicable actions available in the Civil Handbook.  

Legal aid may be available to both landlords and tenants subject to eligibility tests. As well as financial eligibility, an applicant must satisfy the statutory tests of there being probable cause and that it is reasonable in all the circumstances that legal aid is granted.

Information on financial eligibility for applicants can be found here.

Further details on our application requirements that we will use to assess whether the eligibility tests have been met in these cases are also available in the Civil Handbook.  

For more information, please contact Wendy Dalgleish in our Legal Services Department at DalgleishWe@slab.org.uk