Letting agents
Handling repair complaints under the Letting Agent Code of Practice
General information, not legal or qualified advice. Last checked 2 Nov 2026. Sources are linked under each section.
Many complaints to a letting agency start with a repair: it's slow, nobody said what was happening, or the work wasn't right. A clear, written complaints procedure, followed every time, settles most of them before they go any further. Here is what the Letting Agent Code of Practice requires, how a complaint can reach the Tribunal, and a practical way to handle repair complaints.
What the Code requires
Section 7 of the Code, "Communications and resolving complaints", sets the rules. The Code has eight sections: 1 Introduction, 2 Overarching standards of practice, 3 Engaging landlords, 4 Lettings, 5 Management and maintenance, 6 Ending the tenancy, 7 Communications and resolving complaints, and 8 Handling landlords' and tenants' money, and insurance arrangements (the Code as made law, S.S.I. 2016/133).
| Para | What the Code says | What your team does |
|---|---|---|
| 108 | "You must respond to enquiries and complaints within reasonable timescales. Overall, your aim should be to deal with enquiries and complaints as quickly and fully as possible and to keep those making them informed if you need more time to respond." | Reply quickly; tell the complainant if you need more time |
| 112 | "You must have a clear written complaints procedure that states how to complain to your business and, as a minimum, make it available on request. It must include the series of steps that a complaint may go through, with reasonable timescales linked to those set out in your agreed terms of business." | Keep a written procedure with steps and timescales |
| 113 | "The procedure must also set out how you will handle complaints against contractors and third parties; any recourse to the complaints procedures of a professional or membership body you belong to; whether you provide access to alternative dispute resolution services; if you are also subject to another regulatory body (for example the Scottish Legal Complaints Commission); and that a landlord or tenant (including former landlord or tenant) may apply to the Tribunal if they remain dissatisfied once your complaints process has been exhausted, or if you do not process the complaint within a reasonable timescale through your complaints handling procedure." | Cover contractor complaints, ADR and the Tribunal route |
| 114 | "You must not charge for handling a complaint." | No fees |
| 115 | "You must retain (in electronic or paper form) all correspondence about a landlord's or tenant's complaint for five years as the Tribunal may need this information." | Keep everything for five years |
| 116 | "You must comply with any Tribunal request to provide information about an application made to it from a landlord or tenant." | Respond to the Tribunal |
Source: gov.scot, Letting agent code of practice, Communications and resolving complaints.
Repair complaints usually also touch the repair duties in paras 85 to 94. See the Code's repair paragraphs as a workflow.
How a complaint can reach the Tribunal
Section 48 of the Housing (Scotland) Act 2014 lets "a tenant, a landlord or the Scottish Ministers" apply to the First-tier Tribunal for a determination that a letting agent has failed to comply with the Code. It has been in force since 31 January 2018. Two subsections matter most in practice:
"(4) No application may be made unless the applicant has notified the letting agent of the breach of the code of practice in question."
"(5) The Tribunal may reject an application if it is not satisfied that the letting agent has been given a reasonable time in which to rectify the breach."
If the Tribunal finds a failure, it must make a "letting agent enforcement order" setting out the steps to take and the period for each. The order may include compensation for the applicant's loss (section 48(7) and (8)). Former tenants and former landlords can apply too (section 48(9)).
Source: legislation.gov.uk, Housing (Scotland) Act 2014 section 48.
In practice, a written notice of a Code failure is the agency's chance to put things right. Treat it as a priority. For what past decisions show, see letting agent tribunal decisions.
A repair-complaint workflow
- Acknowledge it. Confirm you've received the complaint and say what happens next under your procedure (para 112).
- Log it. Record the date, who it's from, the property, and what they say went wrong.
- Check the repair record. When was the repair reported, what target did you set, what updates went to the tenant, and what did the landlord instruct? See repair timescales.
- Act on the repair itself. If the work is still outstanding or was inadequate, move it forward. The Code's repair paragraphs (85 to 94) still apply.
- Respond within your timescales. Give a full answer within the steps and timescales in your procedure. If you need more time, say so (para 108).
- Explain the next steps. If the complainant remains unhappy, set out the further steps, any ADR, and the Tribunal route (para 113).
- Keep everything. Retain all correspondence for five years (para 115).
What your written procedure should cover
Use paras 112 and 113 as your headings. Your agency fills in the details and timescales.
- How to complain, and to whom.
- The steps a complaint goes through, with timescales linked to your terms of business.
- How complaints about contractors and third parties are handled.
- Any professional or membership body complaints route.
- Whether you offer alternative dispute resolution.
- Any other regulator you're subject to.
- That a landlord or tenant, including a former one, may apply to the Tribunal.
- That handling a complaint is free (para 114).
- How long you keep records: five years (para 115).
How Lorework helps
- Complaints answered your way. Lorework drafts replies that follow your procedure, for staff to approve.
- Complainants kept informed. Updates go out in the agency's tone, by SMS. Anything that needs a person comes back to the team. See our repair update templates.
- Nothing goes out unapproved. A member of staff approves every reply before it is sent.
- Your team works in chat. Staff check and approve each drafted reply in chat.
Related: Code of Practice repairs · Tribunal decisions · Repair timescales · Lorework for letting agents in Scotland
Questions
Does a Scottish letting agency need a written complaints procedure?
Yes. Para 112 of the Code requires a clear written complaints procedure, made available at least on request, with steps and reasonable timescales.
Can we charge for handling a complaint?
No. Para 114 says you must not charge for handling a complaint.
How long must we keep complaint records?
Five years. Para 115 requires you to keep all correspondence about a complaint for that long.
When can a tenant or landlord go to the Tribunal?
Only after notifying the agent of the breach. The Tribunal may reject an application if the agent wasn't given a reasonable time to rectify it (Housing (Scotland) Act 2014 section 48(4) and (5)).
Does our procedure have to mention the Tribunal?
Yes. Para 113 says the procedure must state that a landlord or tenant may apply to the Tribunal if they remain dissatisfied, or if the complaint isn't processed within a reasonable timescale.
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General information, not legal or qualified advice.