What Housing Tribunals Can Decide for Renters in Scotland

If you’re renting a home in Scotland and facing problems like unfair rent increases, difficulties with repairs, or the threat of eviction, you might wonder who can help. The Housing and Property Chamber First-tier Tribunal for Scotland (FTT) provides a fair, independent way to resolve many disputes between renters and landlords. Below, you’ll find clear information about what this tribunal can (and cannot) decide, and how you might use it if you’re a renter in Scotland.

What Does the Housing Tribunal Cover?

The Housing and Property Chamber handles most types of private tenancy disputes. This includes cases involving the main types of tenancies, such as private residential tenancies, assured tenancies, and short assured tenancies, as set out in the Private Housing (Tenancies) (Scotland) Act 2016 and the Housing (Scotland) Act 1988.^1,2

Key Issues the Tribunal Can Decide

• Rent increases: You can challenge a rent hike by applying to the tribunal within 21 days of receiving notice.
• Evictions: Landlords must apply to the tribunal for an eviction order—they can’t evict you without it.
• Repairs and maintenance: Tenants can ask the tribunal to order landlords to fix problems, such as damp, broken heating, or dangerous electrics.
• Deposit disputes: The tribunal can help with some problems around the return of your deposit, especially if your landlord hasn’t protected it correctly.
• Wrongful termination: If you believe you’ve been evicted unfairly, you may be able to apply for compensation.

The tribunal cannot deal with all issues—for example, disputes over council tax, utilities, or neighbourhood nuisance.

Handling a Rent Increase, Eviction, or Repairs Dispute

Challenging a Rent Increase

If your landlord notifies you of a rent increase and you believe it’s unfair, you can refer this to the tribunal. For private residential tenancies, use the Referral of Rent Notice – Private Residential Tenancy (Form RR1).

• When to use: File within 21 days of receiving the rent increase notice.
• Example: If your landlord sends you a rent-increase letter, you can use Form RR1 to ask the tribunal to set a fair rent.

Disputing an Eviction

If you're facing eviction, your landlord must apply to the tribunal for an eviction order for most tenancies. The tribunal will examine whether the correct process has been followed and whether legal grounds exist.

• Relevant form: While landlords usually submit the main application, tenants can respond and participate in the case. Details on the eviction process for renters are available from mygov.scot eviction guidance.

Repairs and Maintenance Issues

As a renter, if your landlord fails to carry out essential repairs after you’ve reported them, you can apply to the tribunal using the Repair Application Form – Private Residential Tenancy.

• When to use: After giving your landlord reasonable time to fix the problem.
• Example: If your heating is broken and the landlord ignores your request, you fill out the repair form to seek an order from the tribunal.

What the Tribunal Cannot Decide

The tribunal is focused on private tenancy and landlord-tenant law. It does not:

• Decide council tax disputes (contact your council instead)
• Intervene in neighbourhood or anti-social behaviour disputes unless directly related to tenancy law

For issues outside its remit, explore alternative support routes, like Citizens Advice Scotland, or contact your local council for more guidance.

Action Steps If You Need to Apply

1. Check that your tenancy issue falls under the tribunal’s powers—most rent, repairs, and eviction concerns do.
2. Download the correct form (see above) from the official tribunal website.
3. Carefully fill out the form. Collect any evidence (emails, letters, photos).
4. Send the application as instructed, usually by post or email. You’ll receive confirmation and further details about a tribunal hearing.

Remember, the tribunal is free to use for tenants, and you don’t normally need a solicitor—though you have the right to get advice and support.

FAQ: Scottish Housing Tribunal Decisions

1. What is the Housing and Property Chamber in Scotland?
   The Housing and Property Chamber of the First-tier Tribunal for Scotland is an independent public body that decides most private tenancy disputes, such as rent, repairs, and eviction issues.
2. Can I challenge a rent increase through the tribunal?
   Yes. If you have a private residential tenancy and receive a rent increase notice, you can apply to the tribunal within 21 days to set a fair rent.
3. How long does the tribunal process usually take?
   It varies, but most cases take several weeks to a few months. The tribunal will inform you of timescales and hearing dates.
4. What evidence should I provide?
   Include all relevant communications with your landlord, photographs of any disrepair, notices received, and any other supporting documents.
5. What if the tribunal decides against my landlord?
   If the tribunal rules in your favour, they can order your landlord to carry out repairs, return your deposit, or prevent an unlawful eviction.

Conclusion: Key Takeaways

• The Housing and Property Chamber First-tier Tribunal for Scotland can decide on most tenancy issues for private renters, including rent increases, eviction, and repairs.
• Use official application forms and provide clear evidence to support your case.
• The process is designed to be independent, free, and accessible—even without legal representation.

Need Help? Resources for Renters

• Housing and Property Chamber First-tier Tribunal for Scotland — Official body for tenancy disputes
• Mygov.scot: Tenant rights — Scottish Government advice for renters
• Citizens Advice Scotland: Renting privately — Free support and legal guidance
• Shelter Scotland: Advice for renters — Help with housing problems

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988

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