If the council or housing association are not doing repair work they’re responsible for, you can take legal action. The sheriff court can order them to do repair work or pay you compensation. 

You must have already reported the repair and given the council or housing association time to fix it.

When you can go to court

You can take court action about repairs if all of these apply:

• the repair issue is the council or housing association's responsibility

• you've reported it to them

• they've had reasonable time to resolve the issue and have not done so

Get legal advice

The type of court action you should use depends on your circumstances. A solicitor can advise on your options and help with taking court action.

You can find a solicitor on the Law Society of Scotland website. 

Solicitors usually charge for their work. Check if you’re eligible for free legal advice or legal aid. 

Gather evidence

You'll need to provide evidence showing:

• what the repair issue is

• how it has affected you

• how and when you reported it

The evidence could be:

• detailed notes of what happened, where and when

• photos of damage or repair issues

• letters, emails, texts or calls between you and the council or housing association

• receipts or bank statements showing costs you've paid because of the repair

• a doctors note explaining how the issue affected your physical or mental health

Getting compensation

You might be able to get compensation if repair issues have cost you money or caused any of these:

• inconvenience or stress

• damage to your health

• damage to your belongings

If you're using legal aid, the cost of the legal action may be taken from any compensation you're awarded.

Check our advice on getting compensation when you rent from the council or housing association.