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Tell your landlord you want to go to the Tribunal

You should only use this form if you have a 'private residential tenancy'.

You're likely to have a private residential tenancy if you started renting from a private landlord on or after 1 December 2017. If your tenancy agreement started before 1 December 2017 you don't have a private residential tenancy.

A private landlord is a person or business who rents a home to you. You shouldn't use this notice if you rent from a local council or housing association.

Taking your landlord to the Tribunal

Your landlord needs to give you:

If they have not given you these, you can give your landlord 28 days' notice that you're going to apply to take them to the 'First-tier Tribunal for Scotland Housing and Property Chamber' (the Tribunal).

You must do this by giving them a 'Tenant's Notification to a Landlord of a Referral to the First-Tier Tribunal'.

You can fill in the 'Tenant's Notification to a Landlord of a Referral to the First-Tier Tribunal' by filling in this online form.

Once you're done, you'll need to download it and give it to your landlord.

You can view a read-only pdf version of the form on gov.scot.

How to fill in this form

You need to give:

  • your details
  • your landlord's details

You also need to make clear what your landlord has not given you and confirm whether you want to apply for a 'payment order'.

Payment orders

If your landlord fails to give you what they should have, you can apply to the Tribunal to give your landlord a payment order. If the Tribunal gives your landlord a payment order it means they'll need to pay you money. How much you'll get depends on what your landlord hasn't given you, but it can be up to the value of 6 months' rent.

If your landlord gives you what's missing before the 28 day notice period ends, you will not be able to refer your case to the Tribunal and you can't claim a payment.

The amount of notice you need to give your landlord

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

It also depends on whether you send your landlord their notice by recorded delivery post, email or by hand.

We can work all this out when you fill in the form but, if you want, you can read more about the length of notice you need to give.

How much notice you need to give

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 have 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 have not been given all the terms of your tenancy in writing

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.

After the 28 days are over

If your landlord does not give you what's missing within the 28 days, you can apply to the Tribunal.

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