Landlord and Tenant Disputes in Scotland
Whatever the nature of your landlord and tenant dispute, our experts are here to guide you on the best way to resolve it. That could be through negotiation, mediation, arbitration or Tribunal proceedings. Our focus is to resolve the dispute as quickly and as efficiently as possible.
Types of Landlord and Tenant Disputes
Our expert property dispute solicitors represent landlords or tenants in property disputes over:
- Residential tenancies
- Tenancy agreement terms
- Tenancy renewal
- Tenant and landlord obligations
- The repairing standard
- Deposit return and retention
- Harassment claims by tenants
- Disputed landlord entry
- Anti-social behaviour by tenants
- Homes in multiple occupation regulations
- Rent arrears
- Rent review clauses and rent increases
- Ending a tenancy and wrongful tenancy termination
- Eviction and possession
Our experts will get to the heart of the dispute and provide you with the constructive advice you need.
Whether you are a landlord with a buy-to-let property portfolio, a landlord renting out your own home temporarily, a letting agent, or a tenant, our approachable property dispute specialists have the experience and expertise to help.
Get in touch with us and we’ll provide you with the professional advice and support you need to understand your rights and options.
Avoiding Landlord and Tenant Disputes
Our housing law experts believe that with early legal advice many landlord and tenant disputes can be avoided. For example, on understanding the type of tenancy agreement that meets your needs as a landlord or on whether a landlord must carry out repairs requested by a tenant.
Getting the right agreement drawn up that meets your needs or taking proactive expert legal advice at the first sign of a dispute can help you quickly and amicably reach a resolution.
Resolving Landlord and Tenant Disputes
Our solicitors do their utmost to resolve disputes informally or through using alternate dispute resolution options, such as mediation or arbitration.
Mediation involves both parties speaking to a qualified and independent mediator to support you in reaching a resolution. Our team of experts can support you in the mediation process by ensuring you know your legal rights and by advising you on whether it is in your best interests to accept a mediated resolution.
If you decide to use arbitration to resolve a landlord and tenant dispute a professional arbitrator will listen to the representations we make on your behalf. They will then make a binding decision.
If you cannot reach an agreement with your private landlord, letting agent or tenant you may be able to apply to the First-tier Tribunal (Housing and Property Chamber) for a Tribunal decision. Mediation or arbitration can be a quicker and cheaper option than Tribunal proceedings. That’s why our experts will talk you through your best option to reach a resolution.
Get in touch with us and we will talk you through your rights and dispute resolution options.
Going to the First-tier Tribunal (Housing and Property Chamber)
In Scotland, some private sector tenancy applications are heard by the Housing and Property Chamber at the First-tier Tribunal rather than in the Sheriff Court.
The Tribunal procedure can involve case management discussions and evidential hearings to sort out property disputes over a variety of different types of tenancy agreements and matters. These include rent arrears, the repairing standard, deposit disputes and eviction applications.
Our experienced landlord and tenant solicitors have substantial experience in representing landlords, letting agents and tenants in Tribunal proceedings. With our excellent client service and representation, we make sure that your case is presented clearly and has the best chance of being successful.
Appealing a Decision of the First-tier Tribunal
You may have represented yourself at the First-tier Tribunal and need legal advice on whether you have the grounds to appeal the decision.
Some decisions can be appealed against. For example, if the Tribunal made an error in law, an error in applying the law to the facts of your dispute or made findings without the evidence to do so.
The first step in the appeal process is to apply for permission to appeal. If permission is granted the appeal is heard by the Upper Tribunal for Scotland.
There are time limits to appeal against a First-tier Tribunal decision. If you are considering an appeal, it’s best to speak to a specialist landlord and tenant dispute solicitor straight away to check if you have grounds for appeal and to understand the process and any alternatives, such as asking the First-tier Tribunal to review its decision.
Make a Free Enquiry Today with our Landlord and Tenant Dispute Solicitors
Kee Solicitors are specialist landlord and tenant lawyers and are here to help you.