How to complain about your letting agency
All letting agents must follow the rules in the letting agent code of practice. You have the right to complain if you think your letting agent is breaking any of the rules, including:
not doing repairs
charging illegal fees
evicting you without following the proper steps
If complaining does not resolve your issue, you can escalate it to the First-tier Tribunal for Scotland (Housing and Property Chamber). They could force your letting agent to resolve your issue.
Step 1: contact them informally
Before formally complaining, talk to your letting agent if you can. Your issue could be fixed if you ask them to put it right.
Step 2: write to your letting agent
If your issue is not fixed by talking to your letting agent, write a letter or email stating:
the paragraph numbers of the rules that have been broken - find these in the code of practice
the reasons you think your letting agent has broken them
how you want it to be fixed and by when
that they should acknowledge that they’ve received your letter
that you’ll apply to the tribunal if the problem is not fixed
Download the template Code of Conduct complaint letter from the tribunal website to help you.
Keep a copy of your complaint. Add a read receipt to your email or send your letter recorded delivery and keep the receipt.
You’ll need this proof if you need to escalate your complaint to the tribunal.
Your letting agent's complaints procedure should tell you how long they have to respond to you.
Step 3: if it's still not resolved
If complaining does not resolve your issue, the tribunal can force your letting agent to resolve it.
Only apply to the tribunal if you have already complained to your letting agent. If you have not, they will not accept your application.
The tribunal process is free and you do not need a solicitor.
If you decide to hire a solicitor, you will have to pay them. If you cannot afford their fees, legal aid could cover all or some of the costs.
Applying to the tribunal
Visit the tribunal website and download ‘Application form J’.
For guidance on how to apply, download ‘Notes on completing form J’.
Your application should include:
the paragraph numbers of the rules that have been broken - these must match the rules in your complaint
what you want the letting agent to do
proof that the letting agent received your complaint
copies of your complaint to your letting agent and any responses
any other relevant written communication you had with the letting agency
If you include a claim for compensation in your application, you might need legal advice to help you calculate it.
Send your application to email@example.com or Glasgow Tribunals Centre, 20 York Street, Glasgow, G2 8GT.
If the tribunal rejects your application
You can appeal their decision within 30 days of receiving it.
When you appeal you must show that the tribunal has not applied the law correctly.
If you're worried about being evicted
It’s illegal for your letting agent to evict you for complaining about them.
If you have a short assured tenancy you can be evicted without a reason, but a strict legal process still has to be followed.
If you’re worried that you will be evicted for acting on your rights get advice from Shelter Scotland.
Last updated: 17 March 2022