Repairs if you rent from the council or housing association

What to do if repairs are not done

If the council or housing association will not do repairs they're responsible for, make a complaint.

If this does not work, you can take them to court or get help from environmental health.

Make a complaint about repairs

You can make a complaint when repairs:

are not done
are done badly
are delayed or not finished
have caused other repair problems
have damaged internal decorations or your belongings

Step 1: send a formal complaint

Email or write to the council or housing association. Their contact details are in your tenant handbook or tenancy agreement.

When you make a complaint, include:

what you're complaining about
when the problem started
what you want them to do
your contact details

Try and provide evidence, such as:

inspection notes by an expert
receipts for things you’ve replaced
a doctor’s note if your health has been affected
photos or videos of the repair and items damaged by the problem

Use our letter template to make a complaint. Copy and paste this sample text and personalise it with your details.

Letter template: complain about repairs to the council or housing association

Subject: Complaint about repairs at <your address>

To <your landlord's name>

I contacted you on <date> to ask for repair work at <your address>.

The repairs needed are <describe the repairs>. These repairs have still not been done.

I have checked Shelter Scotland’s website, and it's your responsibility to carry out these repairs.

I'm concerned because <example: it's causing damage to my home / affecting my health / making my home unsafe>.

I ask that the repairs be completed within <number of days>.

Please respond in writing within 5 working days and tell me what you'll do to fix the problem.

Thank you,

You can also send the letter as an email attachment or through the post:

The council or housing association must send you a response within 5 working days.

Step 2: ask for a final response

If repairs are still not done, ask them to look at your complaint again and send a final response. This is sometimes called a stage 2 complaint.

Your complaint will be looked at by a different member of staff. They must send you a final response within 20 working days.

Step 3: if you're unhappy with the final response

If making a complaint does not work, submit your complaint to the Scottish Public Services Ombudsman. You must complain to them within 1 year of the problem starting.

You can also contact environmental health or go to court to get repairs done.

Getting help from environmental health

Contact the council's environmental health department if the problem is affecting your health or making your home unfit to live in.

They will usually only get involved if you have already followed the complaints procedure.

Use our template letter to contact environmental health. Copy and paste the sample text and personalise it with your details.

Include photographs of the repair problem and copies of any emails or letters you have sent your landlord.

Letter template: report repair problems to environmental health

Subject: My home is unsafe

To the environmental health team,

My rented home at <your address> has the following repair problems: <the repair problems in your home>.

I reported the repairs to my landlord on <date>. I gave them reasonable time to do the repairs, but they have still not been done.

This is a serious situation because <give details of how it's affecting your or your family's health or safety>.

I have attached evidence of the repair problem, copies of communication with my landlord and <other evidence, for example: a letter from my GP / a dampness survey>.

My landlord is <your landlord’s name and address>.

I'm asking for your assistance to get my landlord to do repairs in my home. Please contact me to discuss any next steps.

Thank you

You can also send the letter as an email attachment or through the post:

Word template: contact environmental health (docx, 15 kb)
OpenDocument template letter: contact environmental health (odt, 8 kb)

Taking court action to get repairs done

The sheriff court can order your council or housing association to do repair work.

You must make a complaint before taking court action.

A solicitor can help you decide if court action is right for you. You could get free legal advice or legal aid to help with costs.

Find a solicitor on the Law Society of Scotland website.

Getting a court order to get repairs done

For repairs that would cost under £5,000, use a court process called simple procedure. You can apply and represent yourself if you do not want to hire a solicitor. Check the Citizens Advice guidance on simple procedure.

For repairs that would cost over £5,000, use a court process called ordinary cause. You’ll need a solicitor’s help to do this.

If repair issues are affecting your health

Apply to the sheriff court for an abatement order.

Before doing this, you must write to the council or housing association and:

explain what the repair issue is
give them 21 days to do the repairs
provide evidence that it’s affecting your health
warn them you'll take them to court if it’s not fixed

If it's not fixed after 21 days you can apply to the sheriff court. You’ll need a solicitor’s help.

The court can order the council or housing association to do any repairs. If they do not comply, the court can choose how to penalise them.

Going to court for compensation

The sheriff court can order the council or housing association to give you compensation if repairs cause:

inconvenience
damage to your health
damage to your belongings

The amount of compensation you can get depends on how seriously the problem affected you or how much money it cost you.

A solicitor can help you work out how much compensation you’re owed and make your case in court.

Alternatives to complaints and court action

Complaining to the ombudsman or going to court can take several months. If the repairs are minor or urgent, you may consider:

arranging repairs yourself and ask the council or housing association to pay you back the money
withholding rent until repairs are done

These options are risky. The council or housing association could try to evict you if the repairs are done poorly or cause any damage, or if you withhold money from your rent.

Always contact the council or housing association first and give them enough time to fix the problem. Check our advice on:

If you’re worried about eviction

You cannot be evicted for asking for repairs to be done, making a complaint or taking legal action.

You have the right to live in your home free from repair problems.

If you're worried that you'll be evicted, speak to a Shelter Scotland adviser.

Last updated: 20 July 2023