Living in a property owned or managed by a charitable trust raises a few specific questions for tenants. In Scotland, tenants and renters have clear legal protections covering repairs, rent increases, deposits and eviction procedures under the Private Housing (Tenancies) (Scotland) Act 2016[1]. This guide explains what charitable-trust landlords must do, how to use official forms, and where to take a dispute if things go wrong. It is written for tenants who need practical steps — from reporting a repair to challenging a notice to leave — and uses plain language so you can act with confidence. If you have urgent safety or homelessness issues, contact local services immediately.
Understanding your tenancy with a charitable trust
A charitable trust that owns housing usually acts through trustees or a management company but must still follow Scotland's tenancy law. Private residential tenancies give tenants standard rights on repairs, rent reviews and eviction grounds under the Private Housing (Tenancies) (Scotland) Act 2016[1]. Whether a landlord is a private individual, a company or a charitable trust, the process for notices and tribunal applications is the same and you have the same right to challenge decisions and request repairs.
Repairs and maintenance
Landlords must keep the property in a reasonable state of repair and ensure it meets safety and habitability standards. If something is unsafe or not working, follow these steps to create a clear record and encourage timely action.
- Report repairs in writing to the landlord or managing agent and keep a dated copy.
- Keep photos, messages and receipts as evidence of the problem and your attempts to resolve it.
- If the landlord does not act, apply to the First-tier Tribunal for a repair order or remedy.
Rent, deposits and payments
Charitable trusts cannot ignore tenancy rules when changing rent or handling deposits. Most private residential tenancies set how rent can be reviewed and require notice for increases. If you think a proposed change is unfair, you can challenge it or apply to the tribunal for a determination.
- Ask for written confirmation of any rent change and the date it takes effect.
- Pay rent you reasonably owe while disputing a charge to avoid arrears-based action, and note any withheld amounts in writing.
- If you cannot agree, apply to the First-tier Tribunal (Housing and Property Chamber) for a decision on the increase[2].
Eviction, notices and Notice to Leave
In Scotland a landlord must issue a valid Notice to Leave specifying a ground for eviction and the date the notice expires. Grounds and notice periods depend on the reason for eviction and the tenancy type; check the official guidance and the wording of the notice carefully[3]. If you receive a notice, note the deadline and seek advice early — you can usually dispute the notice with the tribunal if the ground is not met.
- Check the notice and calculate any deadline or period stated on the form.
- Write to the landlord explaining why you dispute the notice and keep a dated copy.
- Apply to the First-tier Tribunal if you need an order to prevent unlawful eviction or to challenge the notice.
Official forms: names, when to use them and examples
Below are the main official documents tenants and landlords will encounter. Where a numbered form exists, the name and number are given; where there is no single national numbered template, the description explains how to proceed.
- Notice to Leave (no single national form number) — used by a landlord to start eviction proceedings; example: a landlord serving notice for persistent rent arrears must state the ground and the date the tenancy will end; check the guidance before responding[3].
- Application to the First-tier Tribunal (Housing and Property Chamber) (application form available from the tribunal site) — used by tenants or landlords to ask the tribunal for orders on repairs, possession or rent disputes; example: a tenant applies for a repair order after repeated failures to fix a heating fault[2].
FAQ
- Can a charitable trust evict me more easily than a private landlord?
- No. A charitable trust must follow the same legal process as any other landlord under Scottish tenancy law; you have the same rights to contest notices and apply to the First-tier Tribunal for protection.[1]
- Who handles disputes about repairs or rent in Scotland?
- The First-tier Tribunal (Housing and Property Chamber) handles most private tenancy disputes in Scotland, including repair orders, rent disputes and eviction challenges.[2]
- Where can I find the official Notice to Leave or tribunal application forms?
- Guidance and templates for notices and tribunal application forms are available on the Scottish Government and Housing and Property Chamber websites; use those official sources to ensure forms are correctly completed.[3]
How-To
- Document the issue with photos, dates and copies of messages or receipts to create evidence.
- Send a clear written request or response to the landlord (email or signed letter) explaining the problem and desired remedy.
- If there is no reasonable response, submit an application to the First-tier Tribunal (Housing and Property Chamber) with your evidence and a short explanation of the remedy you seek.
- Attend any hearing or provide written evidence if you cannot attend, and bring originals or copies of all records you cited in your application.
Key Takeaways
- Keep written records of all communications, repair requests and payments.
- Use official forms and guidance when responding to notices or applying to the tribunal.
- The First-tier Tribunal (Housing and Property Chamber) is the route to resolve most tenancy disputes in Scotland.
Help and Support / Resources
- First-tier Tribunal (Housing and Property Chamber) — applications and forms
- Private residential tenancies guidance on Gov.Scot
- [Private Housing (Tenancies) (Scotland) Act 2016] legislation.gov.uk
