Taking court action over repairs
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
If your landlord refuses to carry out essential repairs, it may be possible to take them to the sheriff court. This section explains who should consider court action, and how court action may help.
Before taking court action
Before taking your landlord to court over repairs, make sure you have exhausted every other possibility.
Using the courts
If your landlord is refusing to carry out repairs or has started repairs but not finished them, you may be able to raise a claim for implement of an obligation in court. This kind of claim is used when you want to get someone to do something they are contracted or obliged to do - in this case, carry out repairs.
Abatement orders
If disrepair in your home is seriously damaging your health or the health of anyone else in your household, you can apply to the sheriff court for an abatement order. If the order is granted, your landlord will have to put the problem right. Bear in mind that this is a lengthy procedure, and may not be successful.
Compensation
If your landlord has failed to carry out essential repairs to your home within a reasonable time frame, you may be entitled to claim compensation.
