Living in rented housing in Scotland and facing ongoing disrepair can be stressful and affect your health and finances. As a tenant you have rights to expect timely repairs and, where landlords fail to meet the repairing standard, you may be able to seek rent repayment or compensation. This page explains, in plain language, how renters should document problems, contact landlords, use official forms, and apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to pursue a remedy. The guidance focuses on practical steps, timeframes, and examples for Scottish tenancies so you can act confidently if repairs are not carried out.
What counts as disrepair and possible rent repayment
Disrepair includes problems that affect habitability: heating that does not work, unsafe wiring, severe damp or mould, plumbing failures and other defects that the landlord must fix under the repairing standard. Where a landlord repeatedly fails to repair, tenants may ask for a rent reduction, repayment of rent paid for the period affected, or additional compensation for inconvenience and losses.
When you can consider a claim
- You have reported a repair and the landlord has not fixed the problem within a reasonable time.
- The disrepair creates a safety or health risk (for example, no heating in winter or severe damp).
- You have a pattern of missed repairs showing the landlord is not maintaining the property.
Key official organisations and legislation
Claims about repairs and payment disputes in private tenancies are decided by the First-tier Tribunal for Scotland (Housing and Property Chamber). The main statute relevant to private tenancy rights is the Private Housing (Tenancies) (Scotland) Act 2016, which sets out landlord and tenant duties and enforcement routes. See the Tribunal website and the 2016 Act for full details[1][2].
Official forms you may need
- Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) Known as the private rented sector application form (no number). Use this to ask the Tribunal for an order for repairs, rent repayment or compensation; for example, if you reported persistent mould and the landlord did not act, you can file this form to request an order and compensation. See the Tribunal forms and guidance online[1].
- Written report or notice to landlord (no formal name or number): always put repair requests in writing and keep a dated copy. For example, send an email or letter that describes the defect and states a reasonable deadline for repair, then keep the response as evidence.
- Reference to the Private Housing (Tenancies) (Scotland) Act 2016: you may quote the Act when explaining which duties the landlord has failed to meet; see the legislation text for exact sections and definitions[2].
How the Tribunal process works (overview)
After you apply, the Tribunal will check the application and may ask the landlord for a response. The Tribunal can arrange a case management discussion, request evidence, and hold a hearing where both sides explain their position. Decisions can include ordering the landlord to carry out repairs, awarding compensation, or requiring rent repayment for the period when the property did not meet the required standard.
Gathering evidence
- Take dated photos and videos showing the disrepair and, where possible, include timestamps or file metadata.
- Keep copies of all correspondence with your landlord, including emails, texts and letters.
- Keep receipts for alternative accommodation or repairs you paid for if you will claim those costs back.
FAQ
- Can I withhold rent if the landlord does not fix disrepair?
- Withholding rent is risky and can lead to eviction for rent arrears; instead, document the problem, notify the landlord in writing, and consider applying to the Tribunal for a rent repayment or compensation order.
- How long will the Tribunal process take?
- Timelines vary by case complexity and the Tribunals caseload, but expect several weeks to months; provide complete evidence to help speed the process.
- Do I need a lawyer?
- You can represent yourself; legal advice may help in complex cases, but many tenants use the Tribunal guidance and official forms without a lawyer.
How-To
- Report the problem to your landlord in writing and set a reasonable deadline.
- Collect evidence: photos, dates, correspondence and any receipts for costs you incurred.
- If the landlord does not resolve the issue, complete the Tribunal application form and submit supporting evidence.
- Attend any Tribunal case management hearing or hearing, present your evidence clearly, and follow Tribunal directions.
- If the Tribunal grants compensation or repayment, follow the order and use its enforcement guidance if the landlord does not comply.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- [Legislation] Private Housing (Tenancies) (Scotland) Act 2016
- MyGov Scotland: Renting and tenant guidance
