First-tier Housing Tribunal Payment Order

  • Filter
  • Time
  • Show
Clear All
new posts

    First-tier Housing Tribunal Payment Order

    I obtained a Payment Order in Nov 2019 against former tenants for £3765 for rent arrears and damage to property. The debt remains unpaid. I have recently instructed Sheriff Officers for the grant of a Charge for Payment at a cost of £103.24. They needed the Tribunal’s Payment Order. Does the Sheriff Officer’s Charge for Payment get registered with the major credit referencing agencies? When I sent Experian in Nottingham the Tribunal’s Payment Order they said they couldn’t register it, gave no reason. The debt currently isn’t registered anywhere for credit referencing, and prospective landlords/finance companies don’t have access to this debt. Anyone got helpful information on Payment Orders issued by the First-tier tribunal in Scotland?

    Decrees issued by the sheriff court are supplied by the court to the Registry Trust which in turn reports the decree to the credit reference agencies.

    Presumably you can’t find anything for the tenant when you search the Registry Trust?

    However, your payment order was issued by the FTT and not a sheriff court so maybe you have to wait until the tenants fail to pay and then enforce the debt through the sheriff court instead.


      The FTT Payment Order isn’t recognised. The trust only holds records for “Scotland Ordinary Causes, Small Claims Summary Cause and Simple Procedure Decrees”

      The FTT are the appointed body for dealing with all housing related issues in Scotland on behalf of the Sheriff Courts.. They don’t grant Sheriff Court Decrees (what are recognised). A landlord cannot enforce a FTT Payment Order through the Sheriff Court. From the little information I could find, using Sheriff Officers is the only option.

      How does a prospective landlord find out there is an debt owed by the applicant tenant/s, or finance companies/banks when a loan/credit card etc is applied if the FTT Payment Order isn’t recognised?

      Have been unable to find out also how long a FTT is valid for, Sheriff Clerks office said 5 years, a housing solicitor in Glasgow said 20 years. There is so little information, made lots of enquiries, nobody really knows.


        The outcome of FTT hearings is freely available online so landlord can search there during the referencing process.

        20 years seems like a hell of a long time but then I’m not a solicitor. Debts in Scotland become statute barred after 5 years so I’d be inclined to agree with the sheriff’s clerk on that one.

        You’re right about the payment order being enforced by sheriff officers. I thought you might have been able to take it to the sheriff court if the tenants missed payments but it doesn’t look like you can. The best you can hope for is the sheriff officers setting up an attachment of earnings to have the money owed deducted directly for the former tenant’s salary.


          The joint tenant on the FTT Payment Order is now resident in England. Does anyone know how I can enforce payment in England using the FTT Order? England don’t have Sheriff Officers.


            You can transfer debts from Scotland to England using Form 111.



            Latest Activity


            • Reply to Section 11 Notice
              by DoricPixie
              It is not mandatory to use a solicitor....
              02-07-2022, 00:14 AM
            • Section 11 Notice
              by BTL_Landlord
              I notice on most templates there is a section for the landlord to include details of their solicitor / legal representative.

              Question, is it mandatory for the landlord to have a solicitor for this process? I have served the Notice to Quit and intend to apply to FTT, however prior to this...
              01-07-2022, 15:09 PM
            • Arrears - frequency of communication
              by BTL_Landlord
              Hi All

              I have tenants in one of my BTLs that have generally been fine in terms of paying their rent each month, up until last year. They went quiet on me, infrequent or no replies to text messages etc ... except when they wanted something of me! Eventually I wrote to them (signed for...
              01-05-2022, 12:11 PM
            • Reply to Arrears - frequency of communication
              by theartfullodger
              Communicate by serving notice to leave (all valid grounds) also supply rent statement.

              I'd re-do rent statement every time rent is under or late paid . Calm, polite, letter, keep copy, also email if you have that....
              30-06-2022, 11:39 AM
            • Reply to Arrears - frequency of communication
              by BTL_Landlord
              Comms in relation to this matter (well, the high majority of them) 'are' now taking place via email and post. It's challenging because sometimes the tenant will reply via text/WhatsApp which is either him simply forgetting to reply via email or he's being a bit crafty.

              Thanks again.
              30-06-2022, 09:10 AM
            • Reply to Arrears - frequency of communication
              by DoricPixie
              No you don't need to reply to the tenant especially, if as I suspect you are not communicating via post or email i.e. the official communication lines given in the tenancy agreement.
              30-06-2022, 02:02 AM
            • Reply to Evicting family members, help please
              by mooch
              A friend of mine had a similar situation. My friend ended up driving her sister with some packed luggage to some hostel or something and putting her into a room - that she'd paid out for, for a few weeks - to convince her sister that there really were no more chances now and she had to go. I was there...
              29-06-2022, 17:07 PM
            • Evicting family members, help please
              by JK Nia
              Hi, I need advice regarding eviction of a family member in Scotland.

              My partner owns a house in Scotland that has been in his family for generations. He used to be in the army for about 9 years and was away for months. He let his sister live in the house but she never paid any rent. She...
              25-06-2022, 23:01 PM
            • Reply to Arrears - frequency of communication
              by BTL_Landlord
              Thanks for the replies all. It's too much to go into on the forum (would become war & peace!) however yes, in a nutshell, I've gradually lost confidence in their ability to maintain rent payments, let alone the arrears. I heard nothing from them until I served the notice to leave, then low and...
              29-06-2022, 15:37 PM
            • Reply to Arrears - frequency of communication
              by JBJ01
              There should be a clause in the contract regarding communicating with landlords as we're expected to respond the other way, but obviously not in this day and age. It's obvious that a tenant showing increasing disregard to the contract is going to shut down communication to the landlord.

              29-06-2022, 15:28 PM