What to Do When Local Authorities Don’t Enforce Housing Law in Scotland

If you rent a home in Scotland and your local authority isn’t enforcing housing law—such as responding to unsafe property conditions, illegal eviction, or unfair rent increases—it can feel overwhelming. Fortunately, you have clear legal options and support to help resolve these issues. This guide explains your rights and practical action steps for renters in Scotland.

Understanding Your Rights as a Renter in Scotland

Renters in Scotland are protected by strong legislation, including the Private Housing (Tenancies) (Scotland) Act 2016¹ and the Housing (Scotland) Act 1987². These laws cover:

• Protection against unlawful eviction
• Requirements for safe living conditions
• Rules around rent increases and repairs
• Obligations for landlords to register with the local authority

Local authorities in Scotland are responsible for helping enforce certain housing standards—such as investigating poor property conditions or illegal landlord practices. However, sometimes councils do not act as quickly or robustly as they should.

Steps to Take If Your Local Authority Has Not Acted

If you’ve reported a problem and the council has not enforced the law, you still have several options to escalate your complaint and protect your rights.

1. Follow Up and Clarify the Council’s Duty

• Contact the relevant department in your local authority (usually Environmental Health or Private Sector Housing) to check on your case’s progress.
• Request a written explanation if there is no action or unreasonable delay.

2. Make a Formal Complaint to the Local Authority

If informal contact does not resolve the issue, make a formal complaint using the council’s complaints process.

• Visit your council’s website for a complaints form or procedure—see, for example, mygov.scot’s council complaints guide.
• Be specific: Describe your housing problem, when you reported it, and what action you feel is lacking.
• Request a written outcome for your records.

Official form: Most Scottish councils provide online or downloadable 'Council Complaint Forms'—these are typically titled ‘Customer Feedback/Complaints Form’ on your local authority’s website (see How to complain about your council for local links).

3. Escalate to the Scottish Public Services Ombudsman (SPSO)

If your complaint isn’t resolved by the local authority, escalate to the Scottish Public Services Ombudsman (SPSO):

• Use the 'SPSO Complaint Form' (no number). Available online at SPSO: How to complain.
• Example: If your council failed to investigate a landlord’s refusal to carry out essential repairs, after exhausting the council’s own complaints process, you may submit a complaint to SPSO using their official form (SPSO online form (PDF)).

4. Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber)

For certain housing problems, especially when it involves a breach of landlord obligations, you can apply directly to the First-tier Tribunal for Scotland (Housing and Property Chamber). This independent tribunal hears cases about rent increases, repairs, illegal eviction, and more.

• Application Form U (for failure to carry out repairs under the repairing standard):
  • Repairing Standard Application Form U (PDF)
  • Use if your landlord won’t fix a repair and the council hasn’t acted. Submit to the Tribunal after notifying your landlord of the issue.
• Eviction/Rent Increase forms:
  • Visit the Tribunal’s official application page to find the latest eviction and rent dispute forms.
  • Use appropriate forms after following the correct notice procedure.

For urgent or serious safety issues that are not addressed, always keep a detailed record and consider seeking legal advice or support from a tenant advocacy service.

Practical Example

You reported unsafe electrical wiring to your local authority, but they have not acted. After making a formal complaint with no success, you submit an Application Form U to the Tribunal, providing copies of emails and complaint outcomes, to seek an independent repair order.

Where to Find Relevant Legislation and Services

• Private Housing (Tenancies) (Scotland) Act 2016 – main rights for private tenants
• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles most tenancy disputes
• Scottish Public Services Ombudsman – complaints about council inaction
• How to complain about your council

Always use official websites to check for the most up-to-date procedures and forms.

FAQs: Enforcing Your Renter Rights in Scotland

1. What if the council ignores my repair complaint?
   Follow the council complaints process, then escalate to the SPSO. You may also apply directly to the Housing and Property Chamber for certain repairs.
2. Can I take my own action if the local authority does nothing?
   Yes, if the council fails to enforce housing law, you can apply to the Tribunal or the SPSO, depending on your issue.
3. Who helps with illegal eviction issues?
   The Tribunal handles illegal eviction cases. If you feel endangered, contact the police and seek urgent advice from Rent Service Scotland (official government service).
4. Do I need a solicitor to use these forms?
   No, most forms are designed for renters to complete themselves, though help is available from advice services if needed.
5. What evidence should I keep?
   Keep copies of all emails, complaints, photos, and council responses to show the steps you’ve taken.

Conclusion: Key Takeaways

• If your local authority doesn’t enforce housing law, persist with complaints and escalate to the SPSO if needed.
• The First-tier Tribunal for Scotland (Housing and Property Chamber) offers a direct way to resolve tenancy disputes.
• Keep detailed records for every step of your case.

Help is available—don’t hesitate to use official channels to stand up for your rights as a renter in Scotland.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Apply or get guidance on tenancy disputes.
• Scottish Public Services Ombudsman (SPSO) – Escalate council complaints.
• mygov.scot: Renting and your rights – Government advice.
• Scottish Government: Private Renting Tenants’ Rights

---

1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1987

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation