Broken Boiler Emergencies for Renters in Scotland

If your boiler stops working in Scotland, especially during cold weather, it can feel like a major crisis. Many renters want to know if a broken boiler is classed as an emergency, and what legal rights and steps they have to get it fixed. This guide explains what counts as an emergency repair, your landlord’s duties under Scottish law, and how you can seek help if things aren’t resolved quickly.

When Is a Broken Boiler Considered an Emergency?

In Scotland, an emergency repair is one that, if not dealt with promptly, risks the health or safety of anyone living in the property—or causes serious damage to the property itself¹. Heating and hot water are considered essential services. When your only boiler breaks down, especially in winter, this usually is classed as an emergency. Examples include:

• No heating or hot water during cold conditions
• Vulnerable tenants (e.g., elderly, young children, medical needs) living in the property
• Water leaks from the boiler causing damage

Your landlord is legally required to ensure that heating and hot water systems are in good repair. These duties are set out in the Private Housing (Tenancies) (Scotland) Act 2016 and the repairing standard regulations².

Your Landlord’s Legal Responsibilities

Landlords must:

• Keep installations for heating and hot water in a reasonable state of repair and proper working order
• Respond to emergency repairs as soon as possible – usually within 24 hours
• Carry out non-emergency repairs within a reasonable period (often stated in your tenancy agreement)

If you report a broken boiler and your landlord does nothing, you have clear rights under Scottish law to escalate your complaint to the appropriate tribunal.

What You Should Do if Your Boiler Breaks Down

Here’s how you should proceed if your boiler stops working:

• Report the issue to your landlord in writing – email or text for a time-stamped record.
• Describe the problem clearly, stating you have no heating and/or hot water. Attach photos if relevant.
• Request an urgent or emergency response, especially if vulnerable people are in your home, or it’s very cold.
• If unsafe (e.g., gas smell, carbon monoxide), call the National Gas Emergency Service on 0800 111 999.
• If your landlord does not respond or delays repairs, you may be able to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Relevant Official Forms: Repairing Standard Application Form

• Form Name: Repairing Standard Application
• When to Use: If your landlord fails to carry out essential repairs within a reasonable time, you can apply to the First-tier Tribunal (Housing and Property Chamber) using the official application form.
• How to Use: Download the Repairing Standard Application Form. Complete with details of what has not been repaired (e.g., boiler breakdown), evidence, and your communications with your landlord. Submit as instructed on the website.

The tribunal can order your landlord to complete repairs and may compensate you for distress if appropriate.

Escalating the Matter: First-tier Tribunal (Housing and Property Chamber)

If your landlord does not act promptly, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). This official body deals with rental disputes and housing standards for private tenants in Scotland.

• Fill in the Repairing Standard Application Form (see above)
• Attach supporting evidence (photos, communications, medical needs if applicable)
• The tribunal will consider your application and can force your landlord to carry out repairs

You can find more details on the tribunal process on the official Repairing Standard Application page.

FAQ: Broken Boilers and Emergency Repairs in Scotland

1. How long should my landlord take to fix a broken boiler in Scotland? Most landlords are expected to respond to emergency repairs, such as loss of heating and hot water, within 24 hours or as soon as possible. If they do not respond promptly, you can apply to the tribunal for help.
2. What if my landlord refuses to repair the boiler? If your landlord fails to make necessary repairs, submit a Repairing Standard Application Form to the First-tier Tribunal (Housing and Property Chamber).
3. Can I withhold rent if my boiler isn’t repaired? No. You must continue paying rent while repairs are pending. Withholding rent can put you at risk of eviction. Instead, go through the official complaints and tribunal process.
4. What should I do if the boiler breaks down outside office hours? If it's an emergency (no heat in winter, health is at risk), contact your landlord or letting agent's emergency repairs line. If unsafe conditions exist (e.g., gas leak), call the emergency services.
5. Does it matter if I have vulnerable people in my household? Yes. The presence of people who are elderly, very young, or have medical needs may increase the urgency for repair and tribunals will take this into account.

Need Help? Resources for Renters

• Scottish Government: Repairs and Maintenance in Rented Housing
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Shelter Scotland: Housing Advice for Tenants
• Citizens Advice Scotland: Repairs in Private Rented Homes

---

1. Mygov.scot - Repairs in Rented Housing
2. Private Housing (Tenancies) (Scotland) Act 2016

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation