Whether you rent out a property or live in one, a disagreement with the other side can be stressful, expensive, and hard to fix on your own. Rent, repairs, deposits, and notice are the usual flashpoints, and getting the process wrong can make a bad situation worse for both landlords and tenants.
This guide explains how tenancy disputes work in Scotland, the most common problems that arise, and the correct process for resolving them.
What counts as a tenancy dispute
A tenancy dispute is any disagreement between a landlord and a tenant about their rights and responsibilities under the tenancy. Your starting point in any dispute is the tenancy agreement. It sets out what each side agreed, from the rent and the deposit to who is responsible for what.
The most common landlord and tenant disputes
Some disputes come up again and again, whether the property is managed directly by a private landlord or through a letting agent. The most common include:
- Deposits, and whether deductions at the end of a tenancy are fair
- Repairs that a landlord has not carried out
- Rent arrears and how they are dealt with
- Rent increases a tenant believes are too high
- Notice, and whether a tenancy has been ended correctly
- Anti social behaviour or nuisance, whether by a tenant, a neighbour, or another party
- Access, and a landlord entering without permission
Knowing which type of dispute you are dealing with matters, because the correct process, and the evidence you will need, differs for each. A specialist property disputes solicitors in Scotland can help you understand the best route forward.
Deposits and the tenancy deposit scheme
If you pay a deposit on a private residential tenancy, your landlord or letting agent must protect it. By law, the deposit has to be placed in an approved tenancy deposit scheme within 30 working days of the tenancy starting. You must also be told in writing which scheme holds it.
Scotland has three approved schemes: SafeDeposits Scotland, Letting Protection Service Scotland, and mydeposits Scotland. If there is a dispute over deductions at the end of the tenancy, each scheme offers a free dispute resolution service that decides how the deposit should be split. This mirrors how other common causes of contract disputes are resolved by looking at the terms agreed and the supporting documents.
A landlord who fails to protect a deposit is breaking the law. A tenant can apply to the First-tier Tribunal, which can order the landlord to pay a penalty of up to three times the deposit.
Repairs, emergency repairs and the repairing standard
Landlords must keep a rented property up to the repairing standard. This covers things like a wind and watertight home, working heating and hot water, and safe wiring and appliances. If something falls below that standard, the tenant should report it to the landlord in writing and give them a reasonable time to put it right.
Emergency repairs, such as a total loss of heating in winter or a serious water leak, should be dealt with quickly. If a landlord refuses or repeatedly fails to act, the tenant can apply to the First-tier Tribunal to enforce the repairing standard. This mirrors how consumer disputes about poor services are pursued when providers fail to meet what was agreed. Keeping a written record of what you reported and when, will support your case.
Rent arrears, giving notice and eviction
Rent arrears are one of the most common reasons a tenancy breaks down. Where a tenant falls behind, the landlord can seek to recover the money owed and, in some cases, end the tenancy. They can only do this by following the correct process.
To end a private residential tenancy, a landlord must serve a Notice to Leave that states one of the legal grounds for eviction, such as rent arrears or anti-social behaviour. There is no “no-fault” eviction in Scotland. The notice period depends on the ground being used and how long the tenant has lived in the property. Getting the dates right matters. If the tenant does not leave, the landlord cannot force the issue themselves. They must apply to the First-tier Tribunal for an eviction order. The Tribunal will decide whether eviction is reasonable.
Rent increases are a separate matter. A landlord must give proper notice to raise the rent. A tenant who thinks an increase is too high can refer it to a rent officer. Bear in mind the rent officer sets the rent at open market value, which can be higher than the increase the landlord asked for. Get advice before you refer it or simply refuse to pay.
Illegal eviction and your legal rights
A landlord cannot simply change the locks, remove a tenant’s belongings, or force them out. Doing so is an illegal eviction, and it is a criminal offence under the Rent (Scotland) Act 1984. A tenant who has been unlawfully evicted, or harassed to make them leave, can apply to the Tribunal, which can order the landlord to pay significant damages.
If you are a tenant facing eviction, you have legal rights at every stage, and you do not have to leave simply because you have been asked to. If you are a landlord, the message is the same in reverse: the only safe route to recover your property is the legal one. Taking a shortcut can turn a straightforward eviction case into a costly claim against you.
Resolving disputes without court action
Before taking legal action, it is worth knowing that most disputes are better resolved without formal proceedings. Talking to the other party, in writing where possible, often clears up a misunderstanding before it escalates. Setting out your position clearly, with the relevant details and any evidence, gives the other side the chance to find middle ground.
Where direct discussion stalls, alternative dispute resolution can help. Negotiation through a full service Scottish law firm like Jones Whyte, or mediation with an independent third party, aims to reach a fair outcome while keeping the relationship workable, which matters when a tenancy is set to continue. For deposits, the scheme’s free adjudication is usually the sensible route.
When agreement is not possible, the dispute may need to go further. In Scotland, the First-tier Tribunal (Housing and Property Chamber) now decides most private tenancy disputes, rather than the Sheriff Court. It was set up as a more accessible way to resolve landlord and tenant disputes, and it hears applications about rent, repairs, deposits, and eviction. Every application needs evidence, so keep good records from the start of the tenancy.
How we can help
Whether you are a private landlord or a tenant, early advice can stop a dispute from spiralling and make sure you follow the correct process. Jones Whyte acts for both landlords and tenants across Scotland. Our dispute solicitors can review your tenancy agreement, explain your options, and represent you in negotiation, at the deposit scheme, or before the Tribunal on your behalf.
Founded in 2013, with offices in Glasgow, Edinburgh and a team of more than 240 people, we work under Scots law and lead with resolution wherever possible, taking formal action only when it is genuinely needed.
To talk through your situation and the best way forward, give us a call on 0141 674 6074.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
