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).

How to apply to the tribunal

Fill in an application form and send it to the housing tribunal. Tell them what the problem is, how long it's been going on for, and what you want the tribunal to do.

Give clear evidence of the problem and as much detail as possible.

You can withdraw your application at any time.

Gather evidence

You'll need to give as much evidence as possible to the tribunal. You're more likely to win your case if you can prove your landlord has broken the rules.

Landlords will often have their own evidence.

Your evidence could include:

photographs of repair issues
emails, letters or texts you’ve sent or received about the problem
receipts or bank statements if the problem has cost you money
your tenancy agreement if your landlord gave you the wrong one
notes from your doctor if the problem is affecting your health

If you're sending a lot of evidence, include a list that explains what each document is and how it relates to your application.

To help you work out what evidence to give or how much compensation to ask for, you can read previous decisions on the tribunal website.

Check which application form to use

Choose the reason you're applying to check the process and forms for your issue.

Your landlord will not do repairs

You can apply if your home does not meet the repairing standard. You can only apply during your tenancy.

It's your landlord's duty to do repairs. Make sure it's their name and address on the application form, even if you rent from a letting agent.

The tribunal can order your landlord to do the repairs, and in some cases to pay you compensation.

Before applying

You must report any repair problems to your landlord and give them a chance to fix the problem.

If your letting agent is not communicating with your landlord about repairs, you can make a separate application against the letting agency.

Applying

Download the application form on the tribunal website. It's called Form A.

Write the landlord's details in section 6.

If you rent from a letting agency, you can also write the letting agent’s details in section 7.

If you need more help

Check our advice on going to the tribunal for repair problems.

Your deposit was not protected

When your tenancy starts, your landlord must protect your deposit in a deposit protection scheme within 30 working days.

It's your landlord's duty to protect your deposit. Make sure it's their name and address on the application form, even if you rent from a letting agent.

The tribunal must order your landlord to pay you compensation if they broke the rules around protecting your deposit. This can be up to 3 times the amount of the deposit.

You can apply during your tenancy, or up to 3 months after your tenancy has ended.

Applying for compensation

Download Form G and the Notes on Completing Form G on the tribunal website.

Write the landlord's details in section 3.

If you rent from a letting agency, you can also write the letting agency's details in section 4.

In section 7a, write 'rule 103'.

Getting your deposit back

If your deposit was not returned after you moved out, you can also apply to the tribunal to get it back.

Download Form F and the Notes on Completing Form F on the tribunal website.

In section 5a, write:

'rule 111' if you had a private residential tenancy
'rule 70' if you had an assured tenancy

If you need more help

Check our advice on going to the tribunal for deposit problems.

Your landlord gave false information on your eviction notice

You can apply to the tribunal if:

you had a private residential tenancy
your landlord sent you a notice to leave
you moved out by the date on the notice to leave, or the tribunal granted an eviction order
the reason or ground they used on your eviction notice was false

The tribunal can order your landlord to pay you compensation. This is called a wrongful termination order.

You can apply any time after your tenancy has ended.

Applying

Download Form G and the Notes on Completing Form G on the tribunal website.

In section 7a, write 'rule 110'.

If you need more help

Check our advice on applying for a wrongful termination order.

You were illegally evicted

Your landlord must follow a strict legal process if they want to evict you.

If they forced you to leave without following the right process, the tribunal can order them to pay you compensation.

This type of application can be complicated. Consider getting legal advice before applying.

Applying

If you have a private residential tenancy, download Form F and the Notes on Completing Form F on the tribunal website. In section 7a, write 'rule 111'.

If you have an assured tenancy or a short assured tenancy, download Form G and the Notes on Completing Form G from the tribunal's website. In section 7a, write 'rule 69'.

If you need more help

Check our advice on illegal eviction.

Your landlord did not give you the right tenancy agreement

Your landlord must give you a written tenancy agreement. It’s your landlord’s responsibility to do this, even if you rent from a letting agency.

The rules depend on when you moved in.

If you moved in on or after 1 December 2017

Your landlord must give you a private residential tenancy agreement together with specific notes.

If they refuse, the tribunal can order them to give you the right agreement. You could also get up to 6 months' rent in compensation.

Before applying, you must give your landlord 28 days' notice that you're going to the tribunal. Use the form on mygov.scot to notify them.

Download Form D and the Notes on Completing Form D on the tribunal website.

For more help, check our advice on getting your landlord to give you a private residential tenancy.

If you moved in before 1 December 2017

If you were never given a tenancy agreement, you have an assured tenancy. The tribunal can order the landlord to give you a written agreement.

Download Form G and read the Notes on Completing Form G on the tribunal website.

In section 7a, write 'rule 68'.

You have problems with your letting agent

Letting agents must follow the letting agent code of practice.

If your letting agent has broken any of the rules, the tribunal can order them to put it right. They could also be ordered to pay you compensation.

You can apply any time during your tenancy or after your tenancy has ended.

Before applying

You must write to your letting agent to tell them what rules you think they've broken, and give them a chance to resolve the problem.

Applying

Download Form J and the Notes on Completing Form J on the tribunal website.

In section 6a, write the paragraph numbers from the letting agent code of practice that your letting agent has broken.

If you need more help

Check our advice on complaining about your letting agency.

You want to apply for a different reason

You could make a civil proceedings application.

You'll need to tell the tribunal what action you want them to take. For example, if you want to ask for compensation, say how much and why.

Applying

Download Form F and the Notes on Completing Form F on the tribunal website.

In section 5a, write:

'rule 111' if you have a private residential tenancy
'rule 70' if you have an assured or short assured tenancy

If you need more help

For compensation claims, check our advice on getting compensation from your landlord.

If you're not sure whether the tribunal can solve your problem, get advice from Shelter Scotland. An adviser can help you work out your rights.

If you’re making multiple applications

Send a separate email or letter for each application, even if they relate to the same problem.

Provide a new copy of the evidence with each application.

If you do not know your landlord's address

Check the Scottish landlord register.

If you rent from a letting agency, ask them in writing for your landlord's address. They must send you this within 21 days.

Tell the tribunal if you still cannot get your landlord's address. They'll tell you what steps to take.

If you have access needs

Download the inclusive provision questionnaire to tell the tribunal about your needs. For example, if you need an induction loop or an interpreter.

Where to send your application and evidence

You can send your form and evidence by email or post.

Email: HPCAdmin@scotcourtstribunals.gov.uk

Post: Glasgow Tribunals Centre, 20 York Street, Glasgow, G2 8GT

Call them on 0141 302 5900 if you want to ask questions about your application. You'll need your case reference number, which the tribunal will give you after you apply.

Last updated: 13 June 2023