The Fit and Proper Test In a recent judicial review brought by private landlord, Anu Sharma, the Court of Session has provided useful clarification on the nature of the fit and proper person test to be applied by local authorities when determining whether or not to permit, refuse or remove a landlord from the register. …
Read more >Defended Tribunal applications inevitably lead to delays in the process for landlords in terms of recovery. This is in addition to the enforcement of eviction delays due to the eviction moratorium. One could not be criticised for suggesting that the balance of fairness now appears to be heavily weighted in favour of the tenant both …
Read more >A Glasgow landlord has been fined £2,400 for misleading his former tenants into surrendering occupation of a property which they wouldn’t have left otherwise. Lesley Munro and Grant McNicoll applied to the First-tier Tribunal for Scotland Housing and Property Chamber for a Wrongful Termination Order after their landlord, David Ross served a notice on them …
Read more >A tenant whose attempt to sue a landlord for almost £14k was dismissed, has criticised the First-tier Tribunal for not following a legal practitioner’s view in a published article which supported the renter’s claim. Rent advance agreement James Malloch entered into a short assured tenancy agreement, in relation to a property in Edinburgh, with Bernisdale …
Read more >A tenant who was found to have been unlawfully evicted has been awarded damages by the First-tier Tribunal for Scotland Housing and Property Chamber. In this first of its kind Tribunal decision, the tenant was granted £18,000. Dambaru Baral raised a case against his landlords, Mohammed and Khalda Arif, in September 2018 after he was …
Read more >Episode 20 of Lets Talk concentrates on the First-tier Tribunal, Housing and Property Chamber Eviction and Payment Actions. Senior Associate and Solicitor Advocate at Aberdein Considine, Carly Stewart, discusses eviction applications and common mistakes made, which can lead to rejection by the Chamber President or a tribunal member acting under her authority. Carly offers helpful …
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