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Scotland

Taking your landlord to the housing tribunal

Landlords and letting agencies have legal duties. If they break the rules, you can apply to the First-tier Tribunal (Housing and Property Chamber).

What happens after you apply

The housing tribunal will look at your application and decide whether to accept your case.

They'll send you an email or letting explaining what happens next.

If something is missing from your application, the tribunal will tell you what you need to send and by when.

If your application is accepted

The tribunal will set a date for a case discussion or hearing, where you and your landlord will explain your positions. This can be over the phone or in person.

The tribunal will give you at least 14 days’ notice of a case discussion or hearing.

If you’re applying about a repair problem, the tribunal will also set a date for an inspection of the property. This usually happens on the same day as the case discussion or hearing.

When your application is accepted they'll give you a case reference number.

If you cannot attend the case discussion or hearing

Contact the tribunal as soon as possible. Explain why you cannot attend and ask to reschedule for a date and time that suits you.

If it's not possible to reschedule you could:

  • have someone else attend on your behalf – you must tell the tribunal that they will be representing you

  • ask to send a written representations instead – this means you explain more about your case in writing

It's best to attend or have someone else attend if you can.

If you want to send more evidence or information

Up to 7 days before the case discussion or hearing, you can:

  • send any extra documents or evidence that you want the tribunal to consider

  • add or change written representations to give more context to your application

If you want to send new evidence with less than 7 days’ notice, ask the tribunal for permission to do this.

If you need help with the process

Your case will have an assigned caseworker at the tribunal. They can answer questions about the tribunal process and timeline.

They cannot give you legal advice, such as advising you on your evidence.

If you have not been sent your caseworker's details, contact the tribunal by phone or email and tell them your case reference number.

Phone: 0141 302 5900 - Monday to Thursday 9am to 5pm, Friday 9am to 4:30pm.

Email: HPCAdmin@scotcourtstribunals.gov.uk

If the problem is resolved

In some cases, landlords might solve the problem more quickly if you start tribunal proceedings.

If the issue is solved you can withdraw your application.

If you have different problems with your landlord or letting agent, make a new application. The tribunal will only consider problems that were listed in your original application.

Reasons your application could be rejected

  • the application is not valid – for example, if you apply about a repair problem after you’ve moved out

  • the tribunal does not believe there’s enough evidence that your landlord has broken any rules

  • the tribunal thinks you’re applying for a different reason than the one you’ve stated in your application

  • you have not responded to requests from the tribunal

Making a new application

You can apply again with extra evidence, or if your circumstances have changed.

If your application is identical, it’s likely that the tribunal will reject it again.

If you think your case has been wrongly rejected, get advice from Shelter Scotland. An adviser can help you work out your next steps.

Last updated: 2 September 2024

Housing laws differ between Scotland and England.

This content applies to Scotland only.

Get advice if you're in England