Getting compensation if you rent from the council or a housing association

If the council or housing association has broken the law or they owe you money, you can apply to the sheriff court to claim compensation.

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

When you can claim compensation

Compensation is money you can claim to make up for something that's gone wrong.

You could be eligible for compensation if the council or housing association:

• caused you to lose money

• caused you injury or harm

• harassed you or caused you distress

• evicted you unlawfully

If you're not sure whether you could claim compensation, contact a Shelter Scotland adviser.

If repairs have not been done on time

Some repairs must be done within a set timescale. If the council or housing association miss the deadline you can claim compensation.

If your repair issue does not have a set deadline, you can go to court for compensation.

Check our advice on repair deadlines.

Collect evidence

Gather as much evidence of the issue as you can. This could be:

• detailed notes of what happened, where and when

• copies of policies or documents

• letters, emails and texts between you and the service provider

• receipts or bank statements showing what you've paid

• witness statements from people who saw what happened

You can use this evidence to make a complaint and take legal action.

Make a complaint

Compensation claims can be complicated and take a long time. There's no guarantee that you will get the compensation you want. It can be more effective to resolve the issue without going to court.

Make an official complaint first. Give the council or housing association reasonable time to fix things before taking legal action.

Check our advice on:

• complaining about the council

• complaining about a housing association

Going to court for compensation

You can claim compensation at the sheriff court. The type of court process you should use depends on how much compensation you want and how complicated the case is.

For claims under £5000, use a court process called simple procedure. You can do this yourself and usually you do not need a solicitor. Find out about applying for simple procedure on Citizens Advice.

For claims over £5000 or complex cases, use a court process called ordinary cause. You will need the help of a solicitor. You can:

• find a solicitor on the Law Society of Scotland.

• check if you are eligible for free legal advice or legal aid

If the court agrees to your compensation claim, they usually set a deadline for your landlord or letting agent to pay.

If the council or housing association refuses to pay

Sheriff officers can enforce the payment order. They 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.