How to Make a Complaint Against Your Landlord in Scotland

If you're renting in Scotland and facing issues such as unresolved repairs, deposit disputes, or harassment from your landlord, it's important to know the correct steps for raising a complaint. Understanding your rights and the official processes can make a big difference in finding a solution and protecting your tenancy.

Understanding When to Complain

Before taking action, check whether your issue falls under landlord responsibilities. Common reasons to file a complaint include:

• Your landlord fails to carry out repairs needed for your property’s safety or habitability.
• Your deposit was not protected in an approved scheme.
• You’re facing harassment, illegal eviction, or discrimination.
• Your landlord does not provide required documentation (such as tenancy agreements or EPC certificates).

It’s useful to try resolving problems directly with your landlord first, by writing a polite but clear letter or email explaining your concerns.

Gathering Evidence and Communicating with Your Landlord

Before you make an official complaint, gather evidence:

• Keep copies of communications with your landlord (emails, letters, texts).
• Photograph any issues (e.g., repairs needed, poor conditions).
• Save copies of your tenancy agreement and relevant legal notices.

How to Make an Official Complaint

If direct communication doesn’t work or isn’t appropriate, you can raise an official complaint in several ways, depending on the problem.

1. Complaints About Repairs and Maintenance

• Step 1: Inform your landlord in writing about what needs fixing and give reasonable time to respond (usually 14 days).
• Step 2: If nothing happens, contact your local council’s Environmental Health department. They can inspect the property and direct your landlord to make repairs. Find your local council via the official Scottish Government site.
• Step 3: If serious repairs remain unaddressed, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).

2. Complaints About Deposit Protection

• Landlords in Scotland must protect your deposit in an approved scheme within 30 working days. If your deposit isn't protected, or was returned incorrectly, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) using the Application Form for Rule 111: Failure to comply with Tenancy Deposit Schemes.
  • When to use: For example, if your landlord has not provided details of the scheme or you check approved Scottish deposit schemes and find your deposit is missing.

3. Complaints About Landlord Registration

• All private landlords must be registered with their local council. If your landlord is not registered, report this via your local council’s official registration portal.

4. Reporting Serious Misconduct or Harassment

• If your landlord is harassing you, attempting an illegal eviction, or discriminating, contact your local council’s housing department and Police Scotland if you feel at risk. You also have the right to apply to the First-tier Tribunal for protection.

Taking Your Complaint to Tribunal

The First-tier Tribunal for Scotland (Housing and Property Chamber) deals with most disputes between renters and landlords, including repairs, deposits, access rights, and evictions. This Tribunal is your main legal body for escalating unresolved complaints.

• Repairs applications: Use the Form: Application to Enforce Repairing Standard (Rule 47) when your landlord fails basic maintenance standards.
  • Example: If your heating has been broken for weeks and your landlord hasn’t responded after being notified.
• Deposit disputes: Use the Application Form for Rule 111 as described above.

How to submit: Download the relevant application form, fill it in, and send it to the Tribunal’s address by email or post. Detailed instructions are provided on each form (see the Repairs Applications page).

Key Legislation to Know

Your rights and the complaint process are set out in several Scottish laws, mainly the Private Housing (Tenancies) (Scotland) Act 2016 and, for repairs, the Housing (Scotland) Act 2006^[1][2].

What to Expect After Filing a Complaint

After submitting your complaint or application:

• The council or Tribunal will usually contact you for more details or to arrange an inspection.
• If the complaint is upheld, your landlord may be ordered to take action or face penalties (such as fines or being barred from letting).
• Hearings and outcomes are usually held in a neutral, accessible manner, giving both you and your landlord a chance to respond.

Consult the First-tier Tribunal’s official website for the most up-to-date procedures, timescales, and forms.

1. What issues can I complain about as a tenant in Scotland?
   You can complain about lack of repairs, deposit problems, landlord harassment, failure to register, illegal evictions, or not receiving required documents. Each issue has its own process.
2. How long does it take to resolve a complaint through the Tribunal?
   Tribunal timescales vary but typically take several weeks to months depending on the complexity and urgency of the case.
3. Is there any cost to make a complaint to the Housing and Property Chamber?
   Applications for tenants to the First-tier Tribunal for Scotland (Housing and Property Chamber) are generally free.
4. What evidence should I collect before complaining?
   Keep records of all communication, photos of property problems, your tenancy agreement, and any receipts or notices received.
5. Will my landlord be told about my complaint?
   Yes, your landlord will be informed and given a chance to respond as part of any formal investigation or tribunal process.

Conclusion: What Scottish Renters Should Remember

• Try to resolve issues with your landlord directly before escalating.
• Keep detailed evidence and use official complaint channels.
• The First-tier Tribunal for Scotland (Housing and Property Chamber) is the main legal route for unresolved disputes.

Knowing your rights under Scottish tenancy law and following the proper steps can help you feel confident tackling landlord problems.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Tribunal information and forms
• Scottish Government: Renting and Your Rights – Overview of tenant rights and complaint processes
• Citizens Advice Scotland – Free advice and support for private renters
• Find Your Local Council – Contact details for local housing and environmental health teams
• If you are in immediate danger, always call Police Scotland on 101 (or 999 in an emergency).

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 2006

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