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If your landlord is refusing to carry out repairs to your home, you can complain to the private rented housing panel (PRHP). If the President decides that your application is valid, they will pass it on to the private rented housing committee (PRHC), who will look into your complaint. You will need to send the committee information about your case, and you may need to attend a hearing.

Read the page on the private rented housing panel to find out how to apply.

What is the private rented housing committee (PRHC)?

The PRHC is usually made up of three people: a chairperson, a surveyor and a third member who is a person with an interest in housing issues. The committee will look at your application and determine whether or not your landlord has failed in their duty to keep your home up to the repairing standard.

What happens if the President accepts my application?

If the President accepts your application, they will ask you and your landlord to provide further details about the disrepair problem, either in writing or in person, at a hearing, depending on how complicated the situation is. Even if you are attending a hearing, you will need to provide some information (or 'written representations') beforehand.

If two or more tenants have complained about the same landlord, the committee may decide to hear your cases together.

What are written representations?

Written representations can include:

• an outline of the things you intend to say at the hearing
• copies of documents you want to use as evidence (for example, letters or emails you've sent to your landlord, or a letter from your doctor if the disrepair is affecting your health)
• a list of witnesses you want to call to support your case.

You'll be given at least 10 working days to do this. If you don't produce the evidence within this time limit, the PRHC may not take it into account when considering your case, although they may do if you have a good reason for missing the deadline, for example, because you were in hospital.

You can ask an adviser from a Shelter advice centre or Citizens Advice to help you prepare your written representations.

Can I change my written representations?

You can write to the committee to amend your written representations up to five working days before the hearing. For example, you may want to do this if the disrepair has got worse, or has started to make you ill. If you ask, the committee may let you change your written representations nearer to the hearing, or at the hearing, depending on the situation.

If you want to change your written representations because a new disrepair problem has come up, you may have to make a new, separate application. This will be up to the committee to decide.

What if I don't provide the information I'm asked for?

If the committee serve a notice on you requiring you to supply information or documents, you can be fined if you don't provide the information requested by the PRHC, or if you knowingly provide false information. Therefore it's very important to send in everything you're asked to, and to make sure you tell the truth about your situation.

Will the PRHC need to visit my home?

In most cases, the PRHC will also need to inspect your home, to see what work needs to be done. This will probably take place on the same day as the hearing (if you're having a hearing). You and your landlord will be told in advance when the inspection will be, and you can both attend.

Will I have to attend a hearing?

This will depend on how complicated the situation is. In some cases, the PRHC may be able to decide on the basis of written evidence.

If the PRHC decides to hold a hearing, you'll be a sent a notice telling you where and when it is. It should be held somewhere reasonably near where you live, and you'll be given at least 14 working days' notice. In some cases, you may be required to attend the hearing. If this is the case, you will be served with a notice (called a citation) that makes this clear. If you don't turn up, you could be fined. If it's impossible for you to attend on that day, contact the PRHC and see if it's possible to postpone the hearing.

You may be able to claim reasonable travel expenses for attending the hearing, so make sure you keep any tickets or receipts.

Before the hearing, you'll need to prepare what you want to say about the repair problem. An adviser can help you do this.

Can I ask someone else to represent me at the hearing?

If you don't feel confident speaking for yourself, you can ask an adviser or friend to represent you at the hearing. In this case, you must let the committee know in writing. If the person then decides they can't represent you, or if you get a new representative, you should let the committee know this too.

Bear in mind that:

• the committee can refuse to let someone represent you if they have a good reason for this (for example, because your representative has caused trouble at previous hearings)
• even if you win, you will not be able to reclaim any money you have paid to your representative in return for their services.

What happens at the hearing?

Hearings are usually open to the public, unless the committee decides that in your case, the hearing should be private. If you have a particular reason for wanting a private hearing, you should let the committee know.

The hearing process may seem a bit intimidating, but remember, you are not on trial. The chairperson will explain to you what will happen and will ensure that you are treated politely and fairly.

The committee will look at all the evidence and listen to what you or your representative and your landlord or their representative has to say. When you're asked to speak, make sure you stay calm and stick to the facts . Don't be abusive about your landlord, even if you're very angry with them. When other people are speaking, don't interrupt, even if you don't agree with what they're saying - you (or your representative) will be given plenty of opportunity to state your case. Remember, if you are disruptive, the committee can make you leave the hearing and will carry on in your absence.

You'll be able to call witnesses (for example, other tenants living in your building) to help you back up your story and you'll have a chance to question any witnesses your landlord calls as well.

What if I don't turn up at the hearing?

If you don't attend the hearing, the PRHC will decide what to do on the basis of the written evidence and on what your landlord says. This may well put you at a disadvantage, so it's best to turn up, or ask someone else to represent you. In this case, remember to let the committee know that this is what you're doing. You must turn up if you have been served with a notice requiring you to attend (a citation) otherwise you may be convicted of a criminal offence and fined.

What can the PRHC decide?

The PRHC can decide that either:

• your landlord has failed to comply with their duty to meet the repairing standard, or
• your landlord has not failed to comply with their duty to meet the repairing standard, or
  
• your landlord is unable to comply with their duty to meet the repairing standard.

How will I know what the PRHC decide?

The PRHC probably won't give you a decision on the day, but will send out a letter to:

• you
• your landlord
• anyone who may be representing you
• the council.

The committee must send you:

• a full statement of the facts and the reasons for their decision
• information about the appeal procedure (see 'how do I appeal' below)
• the date from which the decision and any orders related to the decision have effect.

What will the PRHC do if my home doesn't reach the repairing standard?

If the PRHC decides that your landlord has failed in their duty, they will issue a 'repairing standard enforcement order' (RSEO) ordering them to repair the problem. Read the page on how the PRHC enforces decisions to find out more.

Can my landlord evict me while this is going on?

Depending upon the type of tenancy you have, your landlord may be able to end your tenancy if you apply to the PRHC, provided they follow the correct procedures. However, your landlord will not be able to take on any new tenants while the repairing standard enforcement order is in force without the permission of the PRHC. If they do, they could be fined. This safeguard is designed to prevent landlords threatening to evict tenants who apply to the PRHC.

How do I appeal?

You have a right to appeal to the sheriff court if:

• the President of the private rented housing panel decides not to pass your application on to the committee
• the PRHC decides that your landlord has complied with their duty to maintain the repairing standard, and takes no further action
• the PRHC decides to revoke or change an RSEO (for example, if they give your landlord more time to do the repairs)
• the PRHC decides that your landlord has carried out the necessary repairs, but you don't think they've done the work properly
• the PRHC decides not to grant you a rent relief order, or revokes the order before the work is finished.

You have to appeal within a set time limit - this is 21 days from the date on which you were notified of the decision you're unhappy about. This isn't long, so talk to an adviser as soon as you can.

Your landlord also has the right to appeal.

What can the sheriff decide?

The sheriff may decide to:

• uphold the decision
• order the PRHC to reconsider their decision
• overturn the decision.

Where can I get help and advice?

If you want to appeal a decision, or if you have any other questions or problems, you can talk to an adviser at a Shelter advice centre or Citizens Advice first - use the Advice Services Directory to find an agency near you.

The PRHP website contains further information about the application process in other languages and formats. The panel will also be able to help you with any problems over your application. Visit the website to find out more.