What is the penalty for a landlord renting without registration in Scotland?

Landlords who let property without being registered with the local council can face a fine of up to £50,000 and may be barred from renting out homes in future.

Who investigates complaints about landlords breaking the law?

Depending on the issue, your local council investigates landlord registration or property condition complaints, while the First-tier Tribunal for Scotland (Housing and Property Chamber) handles tenancy-related disputes and applications for redress.

How do I complain if my landlord refuses to carry out repairs?

Start by writing to your landlord; if they don't respond, you can make a 'Repair Application' to the First-tier Tribunal. The Tribunal can order your landlord to make repairs or, in serious cases, pay compensation.

Can my landlord legally increase my rent at any time?

No. Landlords must give at least three months’ written notice and use the correct process as set out in the Private Housing (Tenancies) (Scotland) Act 2016. If you think a rent increase is unfair, you can challenge it at the First-tier Tribunal.

What should I do if my landlord tries to evict me illegally?

Do not move out. Contact your local council, a support hotline, or legal advice service right away. You can apply to the Tribunal for help if you receive an illegal eviction notice or feel threatened with eviction outside the proper process.

What Happens If Your Landlord Breaks the Law in Scotland?

Landlord Duties, Licensing & Penalties Scotland published: June 29, 2025

Dealing with a landlord who may not be following the rules can be stressful for renters in Scotland. Understanding your rights—and what official steps you can take if your landlord breaks the law—can help you feel more in control and confident when facing difficulties with rent, eviction, repairs, or unfair treatment. This guide outlines what happens if a landlord breaks the law in Scotland, the penalties landlords may face, and how you can take action.

What Laws Do Landlords in Scotland Have to Follow?

In Scotland, landlords must follow laws that protect renters’ rights and ensure safe, secure, and fair housing. Key regulations come from the Private Housing (Tenancies) (Scotland) Act 2016 and other housing legislation, which cover areas such as:

Registering as a landlord with the local council
Maintaining the property and making necessary repairs
Following proper eviction processes
Not charging illegal fees or deposits
Providing safety certificates (gas, electrical, smoke alarms)

If your landlord fails to meet these legal duties, there are ways for renters to seek help or enforcement.

What Are the Consequences If a Landlord Breaks the Law?

When a landlord in Scotland does not comply with their legal responsibilities, consequences may include:

Fines or criminal charges (such as for unlawful eviction or failing to register as a landlord)
Being barred from renting out property
Having to return illegal charges or pay compensation
Requirements to fix issues or make repairs by official order

Cases are generally handled by the First-tier Tribunal for Scotland (Housing and Property Chamber), which deals with disputes between landlords and tenants.

Examples of Common Landlord Offences

Trying to evict you without a legal notice or reason
Failing to carry out urgent repairs despite being told
Charging key money or other prohibited fees
Not protecting your deposit with an approved scheme

Not every issue is a criminal offence, but renters should always raise serious concerns as soon as possible for their own protection.

How Can Renters Take Action If Their Landlord Breaks the Law?

If you think your landlord has broken a law or not fulfilled their duties, there are clear steps you can take:

Try to resolve the issue directly in writing—keep a copy of all correspondence
Gather evidence, like photos, letters, repair requests, or receipts
If the problem isn't fixed, complain to your local council or the First-tier Tribunal for Scotland
Contact a renters' advice service if you need support understanding your options

Tip: Tenants can use the First-tier Tribunal to challenge rent increases, force repairs, or claim compensation. The process is free for most cases.

Official Forms Renters in Scotland May Use

Application to the First-tier Tribunal for Scotland (Housing and Property Chamber)
How to Apply (official page) – Pick the application form matching your problem, such as repairs or wrongful eviction.
Example: If your landlord refuses to make essential repairs after being notified in writing, you can submit a 'Repair Application' form to the Tribunal.
Landlord Registration Complaint
Report an unregistered landlord (Scottish Government) – Use this form if you suspect your landlord is not properly registered.
Example: You check the register and cannot find your landlord's name–use the online form to let the council investigate.

For some disputes (like deposit issues), you may also use the tenancy deposit dispute service provided by approved schemes.

What Legislation Protects Renters?

The main law for most private tenancies in Scotland is the Private Housing (Tenancies) (Scotland) Act 2016. This sets out your rights such as eviction notice rules, safety standards, and how rent can be increased. Some older tenancies may be protected by the Housing (Scotland) Act 1988.

If you need further support, many official guides and charities can help you understand what to do next. Acting early, keeping good records, and using official channels protect your rights if your landlord breaks the law.

Frequently Asked Questions

What is the penalty for a landlord renting without registration in Scotland?
Landlords who let property without being registered with the local council can face a fine of up to £50,000 and may be barred from renting out homes in future.
Who investigates complaints about landlords breaking the law?
Depending on the issue, your local council investigates landlord registration or property condition complaints, while the First-tier Tribunal for Scotland (Housing and Property Chamber) handles tenancy-related disputes and applications for redress.
How do I complain if my landlord refuses to carry out repairs?
Start by writing to your landlord; if they don't respond, you can make a 'Repair Application' to the First-tier Tribunal. The Tribunal can order your landlord to make repairs or, in serious cases, pay compensation.
Can my landlord legally increase my rent at any time?
No. Landlords must give at least three months’ written notice and use the correct process as set out in the Private Housing (Tenancies) (Scotland) Act 2016. If you think a rent increase is unfair, you can challenge it at the First-tier Tribunal.
What should I do if my landlord tries to evict me illegally?
Do not move out. Contact your local council, a support hotline, or legal advice service right away. You can apply to the Tribunal for help if you receive an illegal eviction notice or feel threatened with eviction outside the proper process.

Key Takeaways for Renters

Landlords in Scotland must comply with strict laws on registration, repairs, eviction, and treatment of renters.
Penalties for non-compliance can be severe—up to £50,000 for unregistered letting, or tribunal orders for repairs and compensation.
If your landlord breaks the law, use official forms to report issues to your council or the First-tier Tribunal—and seek advice if needed.

Knowing the process and keeping good records makes it easier to protect your rights if problems arise.

Need Help? Resources for Renters

First-tier Tribunal for Scotland (Housing and Property Chamber) – Guidance, forms, and application details
Scottish Government: Renting and Housing Advice
Citizens Advice Scotland: Renting Privately
Shelter Scotland – Free, confidential housing advice for renters
Your local council’s housing or landlord registration team – find your council at mygov.scot: Find Your Local Council