If your private landlord gives you the wrong tenancy documents

You can take your landlord to a housing tribunal if they:

• give you the wrong tenancy documents 
• include unfair terms in your tenancy agreement 

This only applies if you have a private residential tenancy.

There’s a different process if you rent from a letting agent. If a letting agent gives you the wrong documents or includes an unfair term, you can make a complaint.

Getting the right documents and terms

You can take your landlord to the First-Tier Tribunal for Scotland (Housing and Property Chamber). You can only do this during your tenancy.

The tribunal can order your landlord to:

• give you the right tenancy agreement and paperwork
• remove any unfair terms they’ve included
• pay you compensation of up to 6 months’ rent

Before you can apply to the tribunal

Before you can take your landlord to the tribunal, you must write to them to tell them. Create a letter to tell your landlord you want to apply to the tribunal.

If they do not give you the right documents within 28 days of sending the letter, you can apply to the tribunal.

How to apply to the tribunal

Use application form D (Terms/Sanction for a Private Residential Tenancy) to apply.

Get form D and notes on completing it on the tribunal website.

You must provide a copy of the warning letter you sent your landlord.

You must say which rule you’re using to apply. You can use more than one rule if you need to. Use:

• rule 105, if your landlord did not give you a tenancy agreement
• rule 106, if your landlord included unfair terms
• rule 107, if you need compensation

There’s no cost to apply to the tribunal.