First-tier Tribunal: how much notice

Last updated: 7 March 2018

You can apply to the 'First-tier Tribunal for Scotland Housing and Property Chamber' (the Tribunal) if your landlord hasn't given you:

  • all of your tenancy terms, in writing
  • either the 'Easy Read Notes for the Scottish Government Model Tenancy Agreement' or the 'Private Residential Tenancy Statutory Terms Supporting Notes'

If you fill in your landlord's notice online, known as the 'Tenant's Notification to a Landlord of a Referral to the First-Tier Tribunal', we can work out how long you need to wait so you don't have to.

The law says that you need to give your landlord 28 days' notice before you apply to the Tribunal, but you might need to wait longer. It depends on whether you want to apply because:

  • you've not been given, in writing, all the terms of your tenancy
  • your landlord has changed the terms of your tenancy and not given you, in writing, terms which match these changes

If you've not been given, in writing, all the terms of your tenancy

You need to give your landlord 28 days' notice.

When you start a new private residential tenancy your landlord must give you, in writing, all the terms of your tenancy by the end of the first day of your tenancy.

If your landlord has changed the terms of your tenancy

Your landlord has 28 days to give you, in writing, terms which match any changes your landlord makes to your tenancy. These 28 days must pass before the 28 days' notice you need to give your landlord about the Tribunal can start.

How the notice is sent or given

You'll also need to wait longer if you send your landlord the 'Tenant's Notification to a Landlord of a Referral to the First-Tier Tribunal' by post or email.

2 extra days must be added if you send the notice by recorded delivery post or email. This is to give your landlord time to get it. If you give your landlord their notice by hand you don't need to add any extra days.

The notice period only starts on the day your landlord receives the notice. If your landlord can prove they received the notice later than this, such as if there's been a postal delay, then the notice period will start on the date the landlord gets the notice. If this happens, they must be able to prove the exact date they got the notice.