Scottish Letting Day 2019 - Biosphere Green

Scottish Letting Day 2019
Conference and exhibition 12 November 2019
Sponsors:
Scottish Letting Day
Biosphere Green sessions

John Blackwood introduction video
Sponsors:

Getting it right with
sales and acquisitions
of letting agencies
Douglas Collingham, TC Young Solicitors

Sessions now available to attend
Biosphere Green
(current room): Tribunal know how for letting agents
Biosphere Blue: Understanding the private residential tenancy
Ozone: Demystifying legionella &
A year in the life of a tenancy deposit scheme
Showdome: Top tips from a self-made property investor
4D Cinema: Informing research to shape the future of private renting
Salisbury Suite: The role of the CMA in regulating letting agents

Tribunal know how for
letting agents
Claire Mullen, TC Young Solicitors

First-tier Tribunal
know-how for letting agents
Claire Mullen
TC Young Solicitors

FTT-HPC “new” jurisdictions
1 December 2017
Housing (Scotland) Act 2014 transferred
jurisdiction from sheriff court to FTT-HPC in
respect of “actions arising from tenancies
and occupancy agreements” in:
• regulated tenancies
• part VII contracts
• assured tenancies

FTT-HPC jurisdiction
• civil proceedings arising from a private residential
tenancy
• payment actions in all tenancy regimes
• letting agent code of practice
• landlord registration disputes

Repossession routes to recovery of
possession of a property
Different depending on type of tenancy:
• Short Assured Tenancy – 2 routes
• Assured Tenancy – 1 route
• Private Residential Tenancy – 1 route

Routes
• SAT – NTQ and Section 33(1)(d) Notice
(served RD or sheriff officer)
• Assured Tenancy – AT6 provided a ground
of repossession narrated in tenancy
agreement
• PRT – NTL based on grounds

How do I raise a Tribunal
action?
• jurisdiction for eviction and payment in
Assured/SAT and regulated tenancy actions
transferred from sheriff court to First-tier
Tribunal (Housing and Property Chamber) on 1
December 2017
• eviction actions must be raised as a form E
• payment actions must be raised as a form F
• you cannot claim expenses unless exceptional
circumstances apply
• no upper limit on arrears
• overriding objective

Making an application: the paperwork for
eviction
• complete form E
• lodge with Tribunal office (no fee)
• include required attachments
• application received by Tribunal

Required attachments for SAT
application
Rule 66
• name, address and registration number (if
any) of the landlord/name, address and
profession of any representative of the
landlord
• name and address of the tenant

Required attachments for SAT
application cont.
Rule 66
The tenancy agreement (if available) or, if this is
not available, as much information about the
tenancy as the landlord can give;
– AT5
– Section 33 notice (inc. evidence of service)
– Notice to Quit (inc. evidence of service)
– Section 11 notice of the Homelessness
(Scotland) Act 2003 (inc. evidence of
service)

Required attachments for AT
application
Rule 65
landlord

application cont.
Rule 65
The tenancy agreement (if available) or, if this is not
available, as much information about the tenancy as
the landlord can give;
– AT6 (inc. evidence of service)
– Notice to Quit (if applicable) (inc. evidence of
service)
– evidence that the possession ground or
grounds has been met
(Scotland) Act 2003 (inc. evidence of service)

Required attachments for PRT application
Rule 109
landlord
• the ground(s) for eviction

Required attachments for PRT
application cont.
Rule 109
• evidence showing that the eviction ground or
grounds has been met;
– Notice to Leave (inc. evidence of service)
• the tenancy agreement (if available) or, if this is
not available, as much information about the
tenancy as the landlord can give;

The paperwork for payment
• complete form F
• lodge with Tribunal office (no fee)
• include required attachment
• application received by Tribunal

Required attachments for
payment application
Rule 70 or 111
• name and address of the landlord
• name and address of the tenant/guarantor
• reason for making the application – payment of
debt
• evidence to support the application (tenancy
agreement and rent statement (not bank
statements))
• a copy of any relevant documents
• damages claim – check in/out inventories, receipts
for costs incurred

The process
• application acknowledged
• passed to president/legal member for sift
• decision made as to whether application should proceed
• either rejected, referred to Tribunal or request for further
information

The process cont.
If proceeds to a Tribunal
• notice given to all parties
• written representations requested from other party
• may issue “directions”
• Case Management Discussion assigned

Case Management Discussion
(CMD)
• one legal member sitting alone
• identify what facts are agreed between the
parties
• raising with parties any issues it requires to
be addressed
• discuss whether or not a hearing is required
• Tribunal empowered to grant order at CMD
• discuss what witnesses, documents and
other evidence will be required

Case Management Discussion (CMD)
options
• does the Tribunal have discretion?
• are relevant facts in dispute?
• continuation to further CMD
• fix a hearing
• grant the orders/dismiss the application

Defended actions: preparing for a hearing
Timescales
• no less than 14 days notice to be given to parties
• documentary evidence and List of Witnesses to be lodged
7 days prior to hearing
• heard by 2 Tribunal members – legal member is chair

• both parties given opportunity to prove their case
• evidence can be led, i.e. witnesses, documentation
• Tribunal will make a decision once evidence is heard from
parties

What happens once eviction
order is granted?
• under usual circumstances, extract order
sent out after expiry of 30 day appeal periods
• service of Charge for Removing – 14 days
notice of eviction
• instruct sheriff officers to carry out the
eviction
• change of locks
• all incurred costs payable by the landlord

What happens once payment order is
granted?
• under usual circumstances, extract order sent out after
expiry of 30 day appeal periods
• was Time to Pay granted?
• service of Charge for Payment – 14 days
• instruct sheriff officers to carry out various forms of
diligence

Evidence at hearings
• documents to be lodged 7 days in advance
• can lodge late with permission of FTT
• witnesses should be listed in advance

Decisions at hearings
• majority vote but chair has casting vote
• decisions must be in writing
• statement of reasons to be given if requested in eviction
cases
• if decision not unanimous chair must also give a note on
minority view

Examples of eviction decisions made by
FTT
• have been hundreds of applications made
• have been hundreds granted
• however… beware… nothing is certain!!!

Hall v Beattie
• hearing 11 September 2018
• eviction action
• all in order except section 11 notice
• named person was not tenant
• Tribunal held notice was mandatory
• allowed adjournment for re-service in
correct form

Patience v Owens
• eviction action
• CMD 6 June 2018
• Short Assured Tenancy
• NTQ served by sheriff officers
• no section 33 notice
• landlord unaware it was needed
• application dismissed

Royal College of Surgeons v Murray
• eviction application
• based solely on AT6 procedure
• Ground 8 eviction
• CMD 22 June 2018
• no specification of grounds in part 3 of AT6
• FTT held AT6 invalid and dismissed application

Scotcrafts Leasing v Kajaks
• eviction case
• CMD 23 August 2018
• NTQ and section 33 hand delivered on 28 December 2017
• tenant accepted he had received them
• FTT held service invalid and application dismissed

Appeals
• appeal to Upper Tribunal
• on point of law only
• requires leave of the FTT
• must seek leave within 30 days of
receiving decision
• if leave refused, applicant can ask for
leave from Upper Tribunal
• also a “review” process

Letting agent complaints
• 1 January 2018 Letting Agent Code of
Practice took effect
• landlord/tenants(inc. former)/Scottish
Minister can make a complaint to the
Tribunal for failure to comply with the Code
• complainer must first notify the agent in
writing to permit the agent time to resolve
the complaint
• if complainer remains dissatisfied can raise
the complaint with the Tribunal

What to expect if complaint made to
Tribunal
• cover letter from Tribunal with bundle of
documents
• letter will inform of deadline date to make
written representations in response
• letter will inform of hearing date and who
will be conducting the hearing
• made up of two members – legal member
is chair

Written representations
• consider these carefully
• only respond to the issues raised by the
applicant
• respond concisely to each individual
allegation made
• assert your position
• lodge documentation with your written
representations that demonstrates your
position

Case study…
Paragraph 124
“You must ensure clients’ money is available to
them on request and is given to them without
unnecessary delay or penalties, unless agreed
otherwise in writing (for example to take account of
any money outstanding for agreed works
undertaken).”
You accept you did not provide the landlord with
the full 6 months and instead issued it on a
monthly basis. This is in accordance with your
handling client money procedures and stated in
your management agreement.

Case study…
Suggested response
The applicant complains that the respondent
breached paragraph 124 of the Code. This
paragraph requires the respondent ensure clients’
money is available to them on request. It is the
respondent’s position that they have complied with
paragraph 124 of the Code. Reference in this regard
is made to clause X of the management agreement
which provides advance rent will be held by the
agent and paid to the landlord on a monthly basis.

The hearing
• if you have responded in full in your
written representations you can adopt
these at the hearing
• the Tribunal members may ask you to
elaborate on certain points made in your
written representations
• where your written representations are not
specific or fail to answer the application
you can expect the Tribunal members to
ask those difficult questions

After the hearing
• the Tribunal members will issue a decision
usually within around 4 weeks
• where the Tribunal decides that the letting
agent has failed to comply, it must issue
an order (a “letting agent enforcement
order”) requiring the agent to take such
steps as the Tribunal considers necessary
to rectify the failure

The LAEO
• must specify the period within which each step must be
taken
• may provide that the letting agent must pay to the
applicant such compensation as the Tribunal considers
appropriate for any loss suffered by the applicant as a
result of the failure to comply

Failure to comply with LAEO
• an agent who, without reasonable excuse, fails to comply
with a letting agent enforcement order commits an
offence
• summary conviction to a fine not exceeding £1,000

Questions?
Claire Mullen: cag@tcyoung.co.uk
www.tcyoung.co.uk
Read our blog: www.tcyoung.co.uk/blog
Follow us on Twitter: @TCYLetLaw

Biosphere Green
(current room): Letting question time
Biosphere Blue: Unwrapping the energy performance certificate
Ozone: Changing the referencing process forever (Vouch) &
What’s next? (PayProp)
Showdome: Working positively with Universal Credit
4D Cinema: A guide to completing your tax return
Salisbury Suite: Preventing HR headaches

Letting question time
Gail Bowden and Caroline Elgar,
Scottish Association of Landlords

SAL advice line
• over 9,000 calls per year
• 58% from agents and 42% from landlords
• 18% about starting a tenancy
• 33% about ending a tenancy
• 17% repairs and safety requirements
• 13% letting agent issues

Can I bury my dog in the
tenant’s garden?

Contact us:
Scottish Association of Landlords (SAL)
tel: 0131 564 0100
email: advice@scottishlandlords.com
www.scottishlandlords.com/resources

Lunch is now served in the Stratosphere area
Programme resumes 13.15pm
Please visit our exhibitors’ stands
Sponsors:

Conference and exhibition 12 November 2019
Sponsors:
Tweet #LettingDay

Digital first impressions:
How do you measure up on
LinkedIn?
Miles Duncan, LinkedIn Success Systems

Your
Network
Is Your
Net-worth

Your Free eLearning Course
https://learnonline.linkedinsuccesssystems.co.uk/courses/team-training-SSI

www.linkedin.com/sales/ssi
How well do you perform? Check out your LinkedIn
Social Selling Index [SSI] right now

Establishing your professional brand
Finding the right people
Engage with insights
Build relationships

90 Challenge
25%
22%
20%
24%
1%
1%
91%

Step 1
Clarify your brand
for LinkedIn

Profile – The Why
Your professional website
First DIGITAL presentation of YOU – Digital handshake
Start Building Emotional Cues: Trust, Credibility, Approachable, Likeable
Are YOU what I am looking for?
Do you solve my problems (external vs Internal)?
Are you my guide?
Do you have a plan?
Can I trust YOU?
Help me to take action?
What does success look like?
Transform me to that place
Formulate opinion – you’re not present
LinkedIn won’t work with out a Fully Optimised Profile
Vetted In or Vetted Out in

Canva.com
Custom dimensions
1584 X 396

What about
2nd & 3rd Degrees ?
About & Current Experience
✉ ☎

Embed in main profile
Insert at the base of the About & Experience

The most important field
Misunderstood
Google reads this field
Keywords
Headline

Headline
120 characters desktop
200 characters mobile

Headline
Or a … positioning
Statement (+title)

What
‘Terms’ and/or
‘Phrases’
are people using in
Google to find you?
or a
Positioning
Statement
120 Spaces… make the first 70 spaces a priority
LinkedIn Expert Trainer●CPD LinkedIn Corporate, Prof
Services & SME’s Training●Edinburgh●Glasgow●
London●Dubai●HK●Paris
●Accounting Business Development Partner ● SME
Specialist Accounting, Tax and Advisory Solutions ●
Edinburgh ● Glasgow
Enabling Business & Personal Growth✔Recruitment
Expert✔Finance & Executive Search
Specialist✔Edinburgh✔Glasgow✔Belfast
★High Net Worth Household Insurance Broker★Private
Client Insurance★Fine Art, Jewellery & Collections
Insurance Expert★
★ R&D Tax Credit Experts ★ Assisting Innovative Scottish
Businesses reduce Corporation Tax or get cash back from
HMRC

Steps 6 & 7
About
and
Experience

Visible three lines, KeyWords
Aligned,VP, KeyWords
Contact Info, CTA
Web pages, PDF,Video
Identify their challenges
Then explain how you are the
solution
XY Z

Y
Z
X Who do you help?
What do you help them with?
To achieve what?

Title + 100 KeyWords
Aligned,VP, KeyWords
Contact Info, CTA
Web pages, PDF,Video
Your services
Explain how you add value
to their business
People buy clarity

Use your
media
links
tactically

No.2: Background Banner
No.3: Photo
No.5: Headline
No.6; About ‘top XYZ’ + Media x 6 or 2
No.4: Contact Info

Who are you?
Are you an expert?
Do you understand
my business?
Do you know my
challenges?
My needs are X…
do you have solutions?
Can I contact you?
Do you look friendly and
approachable?
Can I trust you?
Show me credibility?
Validation?
Client successes?
Are we aligned?
Are you colleagues aligned?
Is you business aligned
to mine?

Biosphere Green Property insurance – The top secrets to ensure that you have
(current room): the correct cover in place
Biosphere Blue: A guide to completing your tax return
Ozone: Support towards meeting minimum energy efficiency standards &
Freeing up time for landlords and letting agents
Showdome: Understanding the private residential tenancy
4D Cinema: How to survive rent controls and the buy to let backlash
Salisbury Suite: Preventing HR headaches

Property insurance – The top
secrets to ensure that you have
the correct cover in place
Steve Cox, Alan Boswell Group

landlords@alanboswell.com
alanboswell.com/landlords
Landlord insurance
Protect your future

Steve Cox
I’ve been working in insurance with Alan Boswell
Group for 28 years, and with landlords since
1995.
I work with landlord associations and agents
across the country, and spend
a lot of time travelling to meet up with portfolio
property owners.
I’ve written several articles in property and
landlord publications.
Business Account Manager
01603 218031
07766 715654
scox@alanboswell.com

• established in 1982
• 370 staff over 10 locations
• Independent Broker Of The Year (2015-
2016) – Insurance Times Award
• Best Landlord Insurance Provider 2018
• A top 15 independent broker
(Insurance Age, 2017 Top 100)
• outstanding service scores
4.8 out of 5 on FEEFO

• the insurance you require
• the variety of products we offer
• our service
• how we price our products
• the risks you may face
Objective of today

• unoccupied properties
• malicious damage by tenant/cultivation of drugs
• non payment of rent
• subletting
• serviced accommodation
• policy conditions/policy excess/underinsurance/disclosure

We would all love our trouble-free tenants to
stay forever, but when the average length of
a tenancy is under a year, the chances are
you will have untenanted periods.
Your cover while your property is
unoccupied could be limited to 90 days
or might become immediately restricted.
Some insurers won’t change your cover,
but will increase your premiums.
Understanding unoccupancy
rules

Malicious damage by a tenant is
surprisingly common.
When comparing policy details, look for
malicious damage cover. Make sure you’re
clear about whether this is included before
you buy a policy. Also remember ‘lifestyle’
type damage is not classed as malicious.
Manufacture of drugs covers you in the
event that a tenant damages your property
through drug production. Cannabis farms,
for example, can lead to the destruction of
property. Failure to insure against this
could destroy your investment.
Malicious damage
and manufacture
of drugs

If your property suffers a claim, most
landlord products should include cover to
provide an income while the property is
uninhabitable.
If your insurance policy does not include
this, you could end up out of pocket as the
result of a claim.
You might also want cover for the cost of
alternative accommodation for tenants (if
the property is temporarily uninhabitable).
Loss of rent

A tenancy agreement in place means the
landlord has carried out the relevant
checks on the tenant and knows exactly
who is in the property.
If the tenant sublets the property, the
landlord has lost control over who is
housed in the property and any potential
claim could be declined.
It’s important to carry out regular checks
on the property so you know who is in
the property. If you are aware of
subletting, make sure you tell your
insurer/broker.
What if my
tenants sublet?

What about serviced
accommodation?Landlord insurance doesn’t automatically
cover serviced accommodation when
properties or rooms are let on a per-
night basis.
Holiday let insurance or serviced
accommodation insurance might be
more appropriate for you.

Underinsurance
Ensure your rebuild costs are up to date.
Rebuilding value NOT market value!
http://calculator.bcis.co.uk

Disclosure
Disclose all information to insurers.
Insurers set their rates based on
information provided by you.
Non-disclosure is a reason to avoid not
only a claim but an entire policy.

• address including postcode
• construction – walls, roof, floors, age,
cladding
• property type
• previous claims experience/3 or 5 years
• tenant type
• personal information
• unoccupancy
• any works being undertaken
Disclosure
Main rating factors

• malicious damage caused by the tenant
• carpets, curtains & white goods
• 90 days full policy cover between lets
• loss of rent or alternative accommodation
(following a claim)
• trace and access
• accidental damage
• £5m property owners liability
• £10m employers liability
• extend or add home emergency, legal,
rent guarantee/excess protection.
Alan Boswell Group
Landlord Insurance

You have a duty of care and potential liability
for injuries in and around your property.
Examples:
• tenant trips on a loose tile, section of worn
carpet or uneven step
• roof tile falling from a roof and hitting a
passer-by on the head (note: not just the
tenant).
£1m per property is not going to be enough.
HMOs and smaller blocks of flats you need to
consider £5m minimum.
We cover up to £5m per property, as standard.
Property owner’s
liability

Legal expenses
If a tenant defaults on their rent, or refuses to
vacate the property, immediate help is
available.
• cover for £100,000 of legal expenses
(including eviction costs)
• general disputes relating to tenancies
• repair and renovation disputes
• health and safety prosecutions
• cover for HMOs and student lets
• recovery of unpaid rent by a tenant
• tax investigation cover

Rent guarantee
Our comprehensive policy covers rental income
in the event of non-payment, and any legal
expenses you may face for issues such as
eviction.
• rental income cover up to £25,000
• legal expense helpline 24/7
• access to online health & safety documents
• up to 12 months’ cover
• full landlord legal expenses up to £100,000
• cover for HMOs and student lets

Home emergencyHome emergency cover for landlords is vital
in a crisis. We, with Intana Insurance, provide swift and
effective assistance in a domestic emergency.
• boiler breakdown cover
• cover for complete failure or breakdown of electricity
or gas supply
• cover for the infestation of vermin
• up to £100 for alternative accommodation
• burst pipes and drainage
• 24/7 emergency helpline
• unlimited number of claims (£500 per claim)
• UK-based call centre

EXCESS PROTECTION
Excess protection
This cover reimburses you for the cost of your
policy excess in the event of a claim. It works
alongside your normal property owner’s insurance
policy and will cover the cost of your excess up to
a pre-agreed limit.
• available from £30 a year
• maximum cover limit of £3,000
• easier to manage excess costs
• use on multiple claims
• high cover limits
• UK-based advisers

We guarantee to beat your
existing premium*
* Terms apply. See www.alanboswell.com/terms or call for full details. Price guarantee only applies where existing cover is held.

Thank you for listening.
Any questions?

Refreshments are served in the Stratosphere area
Programme resumes 15.15pm
Please visit our exhibitors’ stands
Sponsors:

The role of the CMA in
regulating letting agents
Cecilia Parker Aranha and Lucy Stone,
Competition and Markets Authority

Consumer protection law
for lettings
Cecilia Parker Aranha
Director, Consumer Protection
Scottish Letting Day, 12.11.19
195

Unfair terms
197
“A term is unfair if,
contrary to the requirement of good
faith,
it causes a significant imbalance in
the parties’ rights and obligations
under the contract
to the detriment of the consumer.”

Consumer protection law
for lettings
Cecilia Parker Aranha
Director, Consumer Protection
Scottish Letting Day, 12.11.19
200

Lucy Stone
Senior Intelligence Officer - Intelligence and Investigations
Team
Cartels - lifting the lid on
anti-competitive conduct

What is a cartel?
Price fixing Market sharing Bid-rigging
Agreeing with competitors
what price you will charge to
avoid having to compete with
each other.
Agreeing with other
businesses how
much you will bid in
a tender, and who
will have the lowest
bid so that they win
the contract.
Agreeing not to go after a
competitor’s customers, or
deciding which territories
each business will ‘take’.
Also:
• Sharing sensitive information

203
Enforcement consequences
● Director disqualification for up to 15 years
● Civil enforcement
- fines on businesses of up to 10% of turnover
- liability to be sued for damages (‘follow on’ action)
● Criminal Enforcement
- up to 5 years in prison
- unlimited fines
● Reputational Damage

204
Somerset estate agents case
p
p
p
● 6 local agents met to “have a chat about fees…”
● price-fixing – agents agreed to set a minimum
commission rate for residential sales of 1.5%
● agents took turns to ‘police’ the cartel
● 5 estate agents were fined. 6th agent received
immunity from fines as it was the first to confess
under the CMA’s leniency policy; 2 received a
reduction in fines under the leniency policy
● 2 CDUs secured in April 2018
● court proceedings seeking disqualification of 2
further directors commenced in April 2019
● provided they continue to comply with the terms of
leniency, the CMA will not seek the disqualification
of the co-operating directors of 3 of the estate
agents which benefitted from leniency.

205
Reputation
“…For too many
years now the
area has been
driven by agents
simply quoting low
fees…”

206
Evidence
“…For too many
years now the
area has been
driven by agents
simply quoting low
fees…”

207
Evidence
“…For too many
years now the
area has been
driven by agents
simply quoting low
fees…”

If you have information about a cartel
(e.g. price-fixing, market-sharing, bid-
rigging) but are not directly involved
If you think you may have been involved
in something illegal, you may escape
fines or sanctions if you come to us
first
How to report to us
Report via our new online
reporting form or email:
cartelshotline@cma.gsi.gov.uk
bit.ly/ReportACartel
Stop Cartels campaign page
www.gov.uk/stopcartels
explains what cartels look
like in practice

Now let’s see what you’ve learned…
209

It can be illegal to attend a meeting
with employees from other
businesses where price is discussed.
● True or false?
210

As a customer, it's ok to tell suppliers
the prices that other suppliers are
quoting you.
● True or false?
211

It's ok to agree with competitors not
to sell below a minimum price to help
protect your profit margin.
● True or false?
212

Businesses can agree not to sell to
the same customers as each other.
● True or false?
213

Price fixing is a criminal offence and
can lead to imprisonment.
● True or false?
214

In a competitive tender, it's ok to
discuss what prices you intend to
quote with competing bidders.
● True or false?
215

Competing businesses can agree
between them what territories they
will operate in.
● True or false?
216

A business that has a dominant
market position has a special
responsibility not to behave in ways
that unfairly squeeze out their rivals.
● True or false?
217

Admitting your involvement in a
cartel can lead to immunity from
penalties.
● True or false?
218

How much can businesses be fined
for breaking competition law?
● up to £100,000?
● up to £1 million?
● a year’s worth of
profit?
● up to 10% of
turnover?
219

Biosphere Green
(current room): Tribunal know how for landlords
Biosphere Blue: Taster training for letting agents – meaningful CPD
Showdome: Informing research to shape the future of private renting
4D Cinema: Working positively with Universal Credit
Salisbury Suite: Digital first impressions: How do you measure up on
LinkedIn?

Tribunal know how for landlords
Claire Mullen, TC Young Solicitors

First-tier Tribunal
know-how for landlords
Claire Mullen
TC Young Solicitors

First-tier Tribunal Housing and Property
Chamber
• brought into existence on 1 December
2016
• replaced Homeowner Housing Panel and
Private Rented Housing Panel
• assumed their existing jurisdiction for
repairing standard cases and property
factoring issues

Short Assured Tenancies and
the non-breach route
• landlord has the right to compulsory repossession of
the property under Section 33 (1)(d) of the Housing
(Scotland) Act 1988
• such an eviction action cannot be defended (as long
as notices have been validly served and are in the
correct form/equality act defence!)
• NTQ and Section 33(1)(d) notice (served RD or sheriff
officer)
• NTQ must tie in with the ish date
• Section 33(1)(d) notice must give at least 2 months
notice
• no need to wait ‘til ish – breach route is also available

Assured Tenancies and the
breach route
• must have a ground of repossession under
Schedule 5 of the Housing (Scotland) Act 1988
narrated in tenancy agreement
• following service of an AT6 detailing said
ground and details of the breach
• AT6 allows Tribunal action to be raised either
after 14 days or 2 months from date of service of
AT6 (depending on the ground relied upon)
• AT6 expires after 6 months

The breach route cont.
• Tribunal application made on AT6 does not
entitle you to repossession
• tenant is entitled to defend the action
• main breach grounds used are the arrears
grounds (Grounds 8, 11, and 12). If relying on
Ground 8 (3 months in arrears) and it is
undefended, you are entitled to repossession
• all other main grounds, you must show the
Tribunal that it is reasonable to evict in all the
circumstances

Private Residential Tenancies
(PRT)
• must have a ground of repossession under
Schedule 3 of the Private Housing (Tenancies)
(Scotland) Act 2016
• following service of a Notice to Leave (NTL)
detailing said ground and details of the ground
• NTL allows Tribunal action to be raised either
after 28 days or 84 days from date of service of
NTL (depending on length of occupation or the
ground relied upon)
• NTL expires after 6 months

Private Residential Tenancies
(PRT)
• mix of mandatory/discretionary grounds
• tenant is entitled to defend the action. Tribunal still
entitled to grant order in certain circumstances
• main grounds used are Grounds 1 and 12. If relying
on Ground 1 (landlord intends to sell) and it is
undefended, you are entitled to repossession.
Ground 12 (rent arrears) has mandatory and
discretionary elements
• where discretion applies, you must show the
Tribunal that it is reasonable to evict in all the
circumstances

application cont.
Rule 65
– AT6 (inc. evidence of service)
– Notice to Quit (if applicable) (inc. evidence of
service)
– evidence that the possession ground or

Required attachments for PRT
application cont.
Rule 109
• evidence showing that the eviction ground or
– Notice to Leave (inc. evidence of service)

Required attachments for
payment application
Rule 70 or 111
• name and address of the landlord
• name and address of the tenant/guarantor
• reason for making the application – payment of
debt
• evidence to support the application (tenancy
agreement and rent statement (not bank
statements))
• a copy of any relevant documents
• damages claim – check in/out inventories,
receipts for costs incurred

Case Management Discussion
(CMD)
• one legal member sitting alone
• identify what facts are agreed between the
parties
• raising with parties any issues it requires to
be addressed
• discuss whether or not a hearing is required
• tribunal empowered to grant order at CMD
• discuss what witnesses, documents and
other evidence will be required

Timescales
• no less than 14 days notice to be given to parties
• documentary evidence and list of witnesses to be lodged
7 days prior to hearing
• heard by 2 Tribunal members – legal member is chair

Thank you for coming
See you next year
Sponsors:

Scottish Letting Day 2019 - Biosphere Green

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