Reframing the TFC investigation process

Since taking on the role of Tenant Farming Commissioner, I’ve found that one of the most misunderstood tools available to tenants and landlords is the formal investigation process.

It’s not surprising. The word investigation sounds serious. Formal. Maybe even intimidating. And in a sector where people value trust, familiarity, and long-standing relationships, the very idea of an official complaint can feel like too big a step, even when something doesn’t sit quite right.

But I think it’s time we had a more open conversation about what the TFC’s investigative powers are for, and why they shouldn’t be feared.

 A formal tool for when informal routes don’t work

Let’s be upfront - yes, the investigation process is a complaint mechanism. It’s there to be used when someone believes one of the statutory Codes of Practice hasn’t been followed. And yes, it’s formal, and often used when communication has broken down or when the relationship between landlord and tenant isn’t on steady ground.

But that doesn’t make it adversarial by default.

In fact, I see it as a vital piece of the toolkit, especially in those difficult situations where people don’t feel able to raise issues directly, or where concerns have gone unanswered. It offers a route to clarity when the informal options just aren’t working.

Avoiding the blame game

It’s important to understand what a TFC investigation doesn’t do. It doesn’t impose fines. It doesn’t launch legal proceedings. And it’s not about trying to embarrass people.

Instead, the aim is to assess whether the Code has been followed and offer guidance where things could have been done better. Most of the time, this leads to constructive advice - not a rebuke.

Investigations are handled privately and impartially. The goal is always to help both parties move forward with a better understanding of what good practice looks like and to prevent a similar issue arising in future.

 An option for both landlords and tenants

Although formal complaints tend to come from tenants, it’s worth saying that the process is equally open to landlords. Under the Codes and Guidance both parties have responsibilities they must meet. We are also seeing a level of self-regulation as we have received enquiries from landlords, looking for reassurance that they’ve handled something correctly and in line with the Codes and Guidance These concerns don’t often come through the formal process, but they do occasionally surface in quiet conversations, and I take that as a positive sign. It shows there’s a genuine interest across the sector in getting things right.

The investigation process is there for both sides. It isn’t about catching people out, it’s about helping ensure fair treatment and clarity, especially where the lines have become blurred.

Changing the culture

My hope is that over time, we can move away from viewing an investigation as a hostile act. It’s certainly not the first step in resolving an issue, nor should it be. But when used appropriately, it plays a vital role in upholding standards and restoring trust where relationships have broken down.

We know that not every situation can be resolved over a cup of tea at the kitchen table. Sometimes, power dynamics, communication breakdowns, or misunderstandings make that impossible. The investigation process exists for those moments and to shine a light on what’s happened, apply the Codes fairly, and give both parties a path forward.

So, if you’re in a situation where something doesn’t feel right, but you’ve hit a wall, this process is here for you. It may be formal, but it’s fair. And above all, it’s there to support a tenanted sector where transparency, accountability, and good practice are the norm - not the exception.

If you’re experiencing challenges or simply want to be sure you’re following good practice, don’t hesitate to reach out. Our Tenant Farming Helpline can be reached by phone or email.

• 01463 423 300
• tfc@landcommission.gov.scot