First judgment issued by Upper Tribunal for Scotland
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The first judgement issued by the Upper Tribunal for Scotland, which clarifies the definition of “homeowner” has been published.
A new structure for tribunals in Scotland came into effect on 1 December 2016 with the launch of the Housing and Property Chamber of the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland.
The Upper Tribunal for Scotland is the appeal body for decisions made by the Chamber.
The first appeal decision relates to the property factor jurisdiction and is binding on the First-tier Tribunal.
It provides guidance on the definition of a “homeowner” laid down in Section 10(5) of the Property Factors (Scotland) Act 2011 and clarifies the persons who may bring applications to the Chamber under the act.
The judgment will be a decision of particular interest to property factors as well as users of property management services.
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