Housing and Property Chamber
Housing and Property Chamber
The Housing and Property Chamber considers determinations of rent or repair issues in private sector housing; assistance in exercising a landlord’s right of entry; and relatively informal and flexible proceedings to help resolve issues that arise between homeowners and property factors.
Since 2017, the Chamber has received more private rented cases, being applications provided for by the transfer of jurisdiction from the Sheriff Courts of non-criminal matters arising from regulated, Part VII and assured tenancies (Housing (Scotland) Act 2014 refers).
The Chamber also receives applications for rent assessments, drawing up of terms, evictions and other non-criminal matters arising from the Private Residential Tenancy (Private Housing (Tenancies) (Scotland) Act 2016 refers).
Further private rented sector cases can be heard arising from the letting agents legislation under the Housing (Scotland) Act 2014.
The Chamber is headed by a Chamber President.
Eligibility
To be eligible for appointment as an Ordinary Member, you must have substantial relevant housing or property experience.
These apply to a person, whether the person has obtained the substantial relevant housing or property experience in a business, trade, charity or not-for-profit organisation, or in a profession or in academia.
“relevant housing or property experience” means experience in—
(a) matters relating to landlord and tenant relationships;
(b) housing matters (including as regards private rented sector, letting agency and
factoring matters); or
(c) land and property management matters.
Role of an Ordinary Member
Ordinary Members will sit as part of a judicial panel within the Tribunal. This will include:
Panel participation and decision-making
Provision of expert advice
Preparation of casework.
A more detailed explanation of the role is available in the role profile.
The skills required of judicial office holders are as follows-
Legal Knowledge
- Evidence of a high level of legal knowledge and experience and skills in interpretation and application of the law
- A knowledge of and experience in housing or property law or evidence of the motivation and ability to acquire legal knowledge in this area.
Leadership
- The ability to exercise strong leadership and work constructively and collaboratively with other members of the Tribunal in reaching independent and reasoned decisions.
Sound Judgement & Intellectual Capacity
- The ability to concentrate on and absorb arguments, summarise factual and legal issues, and apply knowledge to arrive at balanced judgements.
Management Skills
- The ability to manage cases actively and expeditiously, and produce a high quality of written work quickly.
Communication & Interpersonal Skills
- Courteous and considerate to all tribunal users and staff, sensitive to people from different social backgrounds.
- Committed to engaging positively and openly with parties and the public and encourage participation in proceedings.
Background of Knowledge and Experience in Housing Issues
- The ability to provide an insight into housing related issues particularly concerning landlords and tenants and tenancy sustainability
Sound Judgement & Intellectual Capacity
- The ability to concentrate on and absorb relevant arguments, summarise factual issues, and apply knowledge to arrive at balanced, objective and impartial judgements.
Management Skills
- The ability to manage cases actively and expeditiously, and to help produce clear and high quality written work quickly;
- The ability to work with other members of the tribunal facilitating collective decision making.
Communications and Interpersonal Skills
- Display courtesy and consideration to all tribunal users and staff; Display sensitivity to people from different social backgrounds and an ability to engage different communication styles tailored to the requirements of tribunal users.
- Committed to engaging positively and openly with parties and the public and encouraging parties’ participation in tribunal proceedings to ensure that parties feel able to present their arguments and evidence to the tribunal.
- The ability to communicate electronically.
Applicants will be expected to possess the following qualities:
Specialist Knowledge
- Provide the tribunal with support and guidance on matters in which they hold specialist knowledge, lived experience, understanding and expertise on relevant issues which are in dispute.
Working with others
- Work collaboratively and effectively as part of a team of judicial office holders and be active in the hearing, deliberations and decision making.
- Take responsibility for process and decisions, ensuring they are fair and impartial.
- Manage difficult issues which may arise in hearings in an inclusive and supportive manner, with care and sensitivity.
- Is self-aware and uses feedback and self-reflection to develop self and others.
Exercising Judgement
- Remains impartial and open minded and is seen to be fair to all.
- Able to absorb and distil complex arguments, summarise issues, and apply specialist knowledge to support well reasoned decisions.
- Able to focus on salient pieces of information and ask probing, focused questions in a way that is sensitive to those being questioned.
Managing Work Effectively
- Is diligent and hard working.
- Is able to deliver work at speed and under pressure within timescales set by the Chamber President.
Communicating Effectively
- Modifies communication style to meet the needs of other judicial office holders, parties and witnesses.
Ability to communicate in an inclusive and respectful manner. - Listens with care, patience and respect.
- Participate fully in deliberations after the hearing has concluded and convey specialist knowledge clearly.
