Getting compensation from your private landlord

If your private landlord or letting agent has broken the law, you could get compensation by applying to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Compensation claims can be complicated. You may need legal advice before applying.

When you can claim compensation

Compensation is money to make up for something that has gone wrong.

You might be able to get compensation if your landlord:

• caused you to lose money

• caused you injury or harm

• harassed you or caused you distress

• did not follow the correct legal procedures

For some issues, there's a specific process for claiming compensation. Check our advice if your landlord:

• did not protect your deposit

• did not give you a written private residential tenancy agreement

• refused to do repairs

• gave false information on your eviction notice

• illegally evicted you

If the issue was with your letting agent, check our advice on complaining about your letting agent.

Collect evidence

Gather as much evidence as you can of how your landlord's actions have affected you. For example:

• the value of the damage your landlord caused

• how your landlord’s actions caused you physical injury or mental distress

• how your landlord's actions cost you money – for example, if you had to move out or pay for repairs yourself

The evidence could be:

• detailed notes of what happened, where and when

• letters, emails and texts between you and your landlord

• receipts or bank statements showing what you have paid

• photos of damage or repair issues

You can use this evidence to resolve the issue with your landlord or take legal action.

Ask your landlord for compensation

Claiming compensation at the tribunal can be complicated and take a long time. There's no guarantee that you'll get the compensation you want.

It can be more effective to resolve the issue with your landlord directly. Write to them and say:

• how much compensation you want and why

• that you have evidence of what happened

• that you'll take legal action if they do not resolve the issue

If you go to the tribunal, they'll usually want to see evidence that you've tried to resolve the dispute. Keep copies of any letters, emails or texts you send.

If you send letters, send them by recorded delivery so you have proof of delivery.

Applying to the tribunal for compensation

If you're not able to resolve the issue with your landlord, you can apply to the tribunal. They'll look at all the evidence from both sides before making a decision.

Check previous tribunal decisions

The tribunal publishes all its decisions online. To help you work out what evidence to collect or how much compensation to ask for, read previous decisions on the tribunal's website.

Get advice

Consider getting legal advice if you want to claim a large amount of money, or if your case is complicated. A solicitor could help you work out how much to ask for.

You can:

• find a solicitor on the Law Society of Scotland

• check if you're eligible for free legal advice or legal aid

If you're not sure whether you need legal advice, contact a Shelter Scotland adviser. They can help you work out your rights and find the right legal help.

Submit your application

Apply using a process called civil proceedings.

Download Form F and the Notes on Completing Form F from the tribunal's website.

Fill in your details. In section 5a, write:

• 'rule 111' if you have a private residential tenancy

• 'rule 70' if you have an assured tenancy or a short assured tenancy

In section 5c, say how much money you want your landlord to pay you and why.

After you apply

Check our advice on what happens after you apply to the tribunal.

If the tribunal agrees to your compensation claim, they'll set a deadline for your landlord or letting agent to pay.

If your landlord refuses to pay

You can hire a sheriff officer to enforce the payment order.

Sheriff officers cost money to hire. Get quotes from different sheriff officers before you decide.

Find a sheriff officer on the Society of Messengers-at-Arms and Sheriff Officers website.