Case archive



World Heritage Site hotel wins appeal against decision to refuse bid for charitable status

A hotel which donates a proportion of its revenue to a trust that manages a Scottish World Heritage Site has successfully challenged a decision to reject its application for charitable status.

Upper Tribunal for Scotland 11 December 2019

Tenant’s private residential tenancy appeal dismissed

A tenant in a house of multiple occupancy who claimed she and her landlords were subject to a private residential tenancy (PRT) has had her appeal dismissed.

Upper Tribunal for Scotland 17 October 2019

Upper Tribunal rules pro indiviso tenant did not have private residential tenancy

A woman who appealed a decision of the First-tier Tribunal for Scotland on the basis of her claim she did not have a private residential tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 has had her appeal refused by the Upper Tribunal for Scotland.

Upper Tribunal for Scotland 27 September 2019

Housing and Property Chamber erred in dismissing case as ‘frivolous and vexatious’, Upper Tribunal rules

The First-tier Tribunal for Scotland Housing and Property Chamber (FtT) was wrong to dismiss an application to hear a dispute as “frivolous and vexatious”, the Upper Tribunal for Scotland (UT) has ruled.

Upper Tribunal for Scotland 25 September 2019

Landlord who failed to pay tenancy deposit into approved scheme for four years unsuccessful in appeal

A landlord who failed to pay a tenancy deposit into an approved deposit scheme until four years into the tenancy has been unsuccessful in challenging a payment order.

Upper Tribunal for Scotland 9 August 2019

Revenue Scotland fails in appeal against decision to quash penalties for LBTT late return

Penalties imposed by Revenue Scotland (RS) over the late filing of a land and buildings transaction tax (LBTT) return have been quashed after the tax agency failed to produce evidence that it had taken a decision to impose the penalties, as required by legislation.

Upper Tribunal for Scotland 25 July 2019

Upper Tribunal rules building can be demolished even with outstanding repair enforcement order

The Upper Tribunal for Scotland has ruled that the existence of a repairing standard enforcement order did not prevent a trust from having the requisite intention to demolish a building as per Schedule 5 of the Housing (Scotland) Act 1988.

Upper Tribunal for Scotland 28 June 2019

Upper Tribunal for Scotland rules homeowners cannot retrospectively acquire right to complain to property factor

The proprietors of a Glasgow flat who discovered that the property was in need of significant repairs following the date of entry, contrary to what the building’s property factor had told them, did not have a right to complain as they lacked title when the events occurred.

Upper Tribunal for Scotland 27 June 2019