The Private Residential tenancy was introduced in December 2017 and at that date jurisdiction over all disputes in the private rented sector was transferred to the new First tier Tribunal Housing and Property Chamber
This conference will look at the way in which the new tenancy has worked in practice with specific emphasis on the decisions and procedures of the new tribunal, including consideration of the view point from the tenants’ side.
Our speakers include two solicitors who also sit on the tribunal as legal members.
Topics covered will be -
• Significant decisions of the Tribunal, including Upper Tribunal decisions.…. Andrew Upton (Partner, Harper Macleod LLP)
• “Disrepair” as a defence to actions for eviction and rent arrears… Jim Bauld (Partner, TC Young)
• Protecting tenant’s rights in the Tribunal… Chris Ryan (Senior Solicitor, Shelter Scotland Housing Law Service)
• Update on the various changes which have been introduced by the emergency coronavirus legislation. Including - increased period of notice, change of mandatory grounds to discretionary, general delays being caused by the tribunal being closed at present, etc.
Andrew Upton advises clients across both public and private sectors in relation to all litigious matters. Andrew regularly represents clients in the Sheriff Courts throughout Scotland, including Commercial Actions, and at the Lands Tribunal for Scotland and Scottish Land Court. He also has experience representing clients in quasi-judicial proceedings, including making written and oral representations to the First-tier Tribunal for Scotland and various disciplinary panels of regulatory bodies. Andrew sits part-time as a Legal Member of the First-tier Tribunal (Housing and Property Chamber).
Jim Bauld has specialised in Scottish tenancy law since 1994 and is recognised by the Law Society of Scotland as an Accredited Specialist in Housing and Residential Tenancy Law. He has over 30 years litigation experience in Sheriff Court work throughout Scotland. Jim is also co-author of the CIH publication on “Suspending Housing Applicants – a Practical Guide”. He has been appointed as a legal member of the First-tier Tribunal for Scotland (Housing and Property Chamber) and has also been involved in Scottish government working groups which have dealt with a variety of proposals which have resulted in significant changes to housing law and practice.
Chris Ryan is presently strategic litigation solicitor at Shelter Scotland. He has advised and represented those who are homeless and at risk of homelessness since 2006, having a law centre background. He has experience of litigating on behalf of tenants and occupiers including defending eviction actions, and pursuing remedies for breaches of tenancy deposit regs, dampness and disrepair cases, and unlawful eviction. He is particularly interested in remedies under the Equality Act 2010. Chris has had contributed submissions to the Scottish Government in relation to social and private rented sector tenancies from the tenants rights' perspective and to the Reference group to the First Minister’s Advisory Group on Human Rights Leadership. He has experience of pursuing judicial review for his clients in the Court of Session. He was involved in the collaboration that secured over 160 interim interdicts for destitute asylum seekers to prevent lock change evictions pending the outcome of test case litigation.
Originally recorded on 17.5.20
17.5.20 Residential Tenancies Conference 2020
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