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:
all 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 they haven't 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.
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 hasn't given you and confirm whether you want to apply for a 'payment order'.
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 won't 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 find out more about how it's worked out.
After the 28 days are over
If your landlord doesn't give you what's missing within the 28 days, you can apply to the Tribunal.