Scottish secure tenancy: model agreement 2019

9 Complaints

9.1 If you think that we have broken this Agreement or have failed to do anything we promised, you can complain to us under the complaints procedure which we will have made available to you.

9.2 If you are still dissatisfied after going through our complaints procedure, you may also have the right to complain to the Ombudsman. You may also wish to take advice from an independent source such as a law centre, solicitor, housing advice centre, Citizens’ Advice Bureau or tenants’ association.

9.3 If we have failed to carry out any of our material obligations under this Agreement, you have a right (in addition to any other legal rights you may have) to withhold your rent until we do comply with our obligations. However, you may only do so if:

• you have told us in writing why you think we have broken this Agreement; AND
• we have not fulfilled our obligations within a reasonable period; AND
• you have made a formal written complaint under our complaints procedure (see paragraph 9.1); AND
• you have finished the complaints procedure and you are still dissatisfied,

OR 3 months has passed since you made the formal written complaint under the complaints procedure.

You Are Strongly Advised To Obtain Legal Advice Before Withholding Your Rent. Your Home Is At Risk If You Wrongly Withhold Rent. It Is Essential In All Cases That All The Rent Withheld Is Placed In A Secure Account And That You Can Provide Evidence Of This.