Mitchell Skilling

The Upper Tribunal for Scotland has refused an appeal by a homeowner who disputed that an award made in his favour by the First-tier Tribunal in relation to a breach of the Property Factors Code of Conduct should be credited to his account with the factor.

The First-tier Tribunal for Scotland has ordered two landlords, one in Glasgow and another in Edinburgh, to pay at least double the amount of tenancy deposits withheld from their tenants after finding them in breach of the Tenancy Deposit Schemes (Scotland) Regulations 2011.

An appeal against a dismissal of a damages claim by a homeless person against a local authority who was refused homelessness assistance due to his immigration status has been refused by the Sheriff Appeal Court.

The High Court of Justiciary has tripled a fine imposed on a care home that pled guilty to an offence under the Health and Safety at Work etc Act 1974 following the death of a resident after the Crown challenged the original level of fine as being unduly lenient.

An application by two landlords for permission to appeal a decision of the First-tier Tribunal for Scotland that they had failed to comply with the terms of a Repairing Standard Enforcement Order has been refused by a sheriff of the Upper Tribunal for Scotland.

A Dundee sheriff has granted decree of absolvitor to the former partner of a man who sought a five-figure sum from her on the basis that he had given it to her to allow her grandmother to buy her council house, in which he had expected to eventually live with her.

An application for recall of an arrestment served by the City of Edinburgh Council on the bank account of a man with unpaid council tax has been granted by an Edinburgh sheriff.

A landlord who was ordered to pay £4,000 to two former tenants after being found in breach of tenancy deposit regulations has had the sum reduced by £1,500 on appeal to the Upper Tribunal for Scotland.

A sheriff in the Upper Tribunal for Scotland has allowed an appeal by a landlord who was refused an order for possession by the First-tier Tribunal after it ruled that he had not made out the eviction ground of intention to demolish or remodel the let property.

A private landlord who was removed from the landlord register because her local authority did not consider her a fit and proper person has successfully petitioned for judicial review of an Upper Tribunal decision upholding that decision.

After the City of Edinburgh Council’s licensing scheme for short-term lets operators was deemed unlawful at the Court of Session, our sister publication Scottish Legal News has published the following case report.

A care home that was fined £100,000 after being found criminally responsible for the death of a resident from hypothermia after she became locked out of the building has lost an appeal against its sentence.

A couple who moved into a property in order to redecorate it for its owners and subsequently refused to move out have lost an appeal against a sheriff’s decision that they occupied the property under a licence agreement rather than a private residential tenancy.

A letting company that ostensibly rented residential flats in Edinburgh on a holiday letting basis has been refused permission to appeal to the Upper Tribunal against a decision that it was in breach of the repairing standard for residential properties.

A tenant of a property in Cambuslang has been refused permission to appeal against his eviction and a payment order by the Upper Tribunal for Scotland after it found that no arguable ground of appeal had been made out.