Making a Complaint about an Alleged Breach of a Code of Practice
What is the role of the Tenant Farming Commissioner?
Where a party to a discussion or negotiation that is covered by a code of practice believes that another party has operated in a way that breaches a code, they may make a formal complaint to the Tenant Farming Commissioner who will investigate and publish a decision as to whether a code has been breached, along with recommendations for actions required to remedy the breach.
The codes of practice and associated complaints system provide a route for resolving disputes and ensuring adherence to best practice but the TFC is available to provide advice and assistance in the resolution of code of practice issues before they become the subject of a formal complaint and in the resolution of issues which may not be covered by a code.
Who can make a complaint?
A person may apply to the TFC to inquire into an alleged breach of a code of practice if that person has an interest in the relevant tenancy or would have had but for the alleged breach. Normally, therefore, a complaint should come from either a landlord or a tenant but the complaint may be about the conduct of a person acting on behalf of the landlord or tenant during the negotiations.
What can you complain about?
A complaint must relate to an alleged breach of a published code of practice. It follows therefore that a complaint can only be made if the subject matter is covered by a code of practice. Current and planned codes of practice can be found at our Codes of Practice section.
You should not raise a complaint about a matter which the other party is likely to be unaware of.
How to Complain
To make a formal complaint, please complete the Complaints Application Form below or call 0300 244 4452 to request a hard copy and email it to the Tenant Farming Commissioner firstname.lastname@example.org or post to: The Tenant Farming Commissioner, Scottish Land Commission, Longman House, Longman Road, Inverness IV1 1SF.
What happens to your complaint
The TFC will assess the complaint for admissibility by checking that it is relevant, procedurally correct and of enough substance to justify further investigation. If the TFC considers that it does not satisfy these criteria the complaint may be rejected at this stage.
If the TFC considers that the complaint is worthy of further investigation the party being complained about, and any other party directly involved in the tenancy, will be notified of the complaint and provided with the details. The Commissioner will request a response from those parties and may request further information from all parties involved. Failure to provide that information, or to provide it within the time frame set by the TFC, may render the party liable to a fine not exceeding £1000.
The outcome of your complaint
As soon as practicable after an inquiry into an alleged breach is complete the TFC will publish a report setting out a decision as to whether or not a code has been breached, the reasons for the decision and such recommendations as the TFC considers appropriate.
A published report is admissible as evidence in any proceedings before the Land Court and the Land Court must take into account any report that is relevant to any question arising in the proceedings of the Court.