Resolving a rented housing dispute

Last updated: 6 October 2017

If you're having a dispute with your tenant or private landlord you can try to resolve it by:

talking about the problem with your tenant or landlord
talking about the problem with someone independent – called 'alternative dispute resolution'
getting legal advice from a solicitor
going to the Housing and Property Chamber for disputes about rent, repairs and entry to the property

Going to court to solve a problem can be stressful, cost you money and take a long time. It's usually best to try to find another solution.

Alternative dispute resolution

There are ways to resolve a dispute without going to court. This is sometimes called 'alternative dispute resolution'. You can:

go to mediation where an independent person will help you try to resolve your problem – for example when dealing with a tenant's anti-social behaviour
go to arbitration where an independent person will listen to both sides of a dispute and make a decision for you – this can be used for disputes about a rented property deposit

In mediation it will be you and your landlord or tenant – not the mediator – who decides what happens. You'll also decide the terms of any agreement you make.

Find a mediation service using Scottish Mediation – the professional body for mediators in Scotland.

You can also get mediation through the Housing and Property Chamber if your dispute is about rent or repairs.

Sometimes a mediation service can cost money. If you can't afford it, you can try to get help to pay through legal aid.

In arbitration an independent person listens to both sides of a dispute and makes a decision about what you should do.

Arbitration can be used if you're having a dispute about a rented property deposit. The Scottish Arbitration Centre in Edinburgh can help you find an arbitrator.

The arbitrator's decision is binding so you'll need to accept the decision they make.

Speak to a solicitor

You could ask a solicitor to give you advice on your rights and options. They can also help you negotiate with the person you have a problem with.

This will usually cost money. If you can't afford to pay, you can try to get help through legal aid.

Find out more about using a solicitor including how to find one.

Housing and Property Chamber

The Housing and Property Chamber is a tribunal in Scotland that can help resolve disputes with rent, repairs and entry to the property. You apply for the help of the tribunal using an application form.

For both rent and repairs, a committee will inspect the home before the hearing.

For more information about how the Housing and Property Chamber works and the application forms to apply for help, go to the Housing and Property Chamber website.

If your dispute is about repairs, find out what your rights and responsibilities are as a private tenant and private landlord.

Ending a tenancy

There can be problems when tenants or landlords want to end a tenancy. Find out what the rights and responsibilities of tenants and landlords are.

If you're being evicted

Tenants have to be given a notice period before they're evicted, so that they have time to prepare.

Find out what else should happen if you're facing eviction and where to get help.

Further support

You can get further advice on what action to take from: