Can a Landlord Carry Out Repairs Without My Permission in Scotland?

If you're renting in Scotland, knowing your rights around repairs is crucial—especially when it comes to when and how your landlord can access your home. Many tenants worry about repairs being carried out without their permission. This article explains the rules, your legal protections, and what to do if repairs are done without your agreement.

Landlord Entry and Repairs: What Does the Law Say?

Scottish law requires landlords to keep rental properties in a good state of repair and meet certain housing standards. However, your landlord can’t simply come and go as they please, even for necessary work. Your privacy and consent matter.

Your Right to Be Notified

Under the Private Housing (Tenancies) (Scotland) Act 2016, landlords must provide at least 24 hours' written notice before entering your home for repairs, inspections, or other reasons, unless it's an emergency.¹

• This applies to private residential tenancies and assured tenancies alike.
• Notice must be given in writing, stating the reason and time of entry.
• Landlords can only enter at reasonable times, typically during normal working hours.

If your landlord enters without this notice (unless it's an emergency), they could be breaking the law.

What Counts as an Emergency?

An emergency is a situation where urgent action is needed to prevent harm or serious damage—such as a major water leak, fire, or gas leak. In these rare cases, landlords can enter without prior notice.

What If Repairs Are Done Without My Consent?

If your landlord or their contractor enters your home without the required notice—except in an emergency—you have several options:

• Remind your landlord in writing about the legal notice rules.
• Keep a record of any unauthorised entries, including dates and details.
• Seek advice or raise a complaint if it continues.

Relevant Forms and Action Steps

You generally don’t need a formal form to object to unauthorised entry, but if you wish to escalate a repair or standards dispute, you can apply to the Tribunal.

• Repair Application Form (Repair Application Form):
  This form is used if your landlord fails to meet their repairing duties. For example, if repairs were not completed properly, or your landlord entered without proper notice, undermining your security.
  Fill it out to start a case with the Tribunal and attach evidence such as correspondence and photos.
• For issues of landlord harassment or breach of quiet enjoyment, you may submit a complaint directly to the First-tier Tribunal (Housing and Property Chamber) for a decision.

The Tribunal is free for tenants and offers an accessible way to enforce your rights.

The First-tier Tribunal (Housing and Property Chamber)

This is the official body responsible for resolving disputes between tenants and landlords in Scotland, including repair issues and unauthorised entry. Learn more about the Tribunal's services and access resources online.

Summary of the Process

Landlords generally must ask for your permission (except in emergencies) and give proper notice for repairs. If they fail to do so, keep records and use official complaints routes to enforce your rights.

FAQ: Repairs and Landlord Entry Without Permission in Scotland

1. Can my landlord enter my home for repairs without any notice?
   No, except in a genuine emergency. By law, landlords must provide at least 24 hours' written notice before entering for repairs.
2. What counts as an emergency allowing entry without permission?
   Emergencies include urgent issues like a burst pipe, fire, or dangerous gas leak. Routine repairs are not emergencies and still require notice.
3. What should I do if my landlord keeps entering without my agreement?
   Document all instances, communicate your concerns in writing, and consider contacting the First-tier Tribunal (Housing and Property Chamber) to make a formal complaint.
4. Are there official forms to stop unauthorised entry?
   There isn't a specific form to stop landlord entry, but you can use the Repair Application Form to report repair disputes involving your rights.
5. Can I refuse landlord access for repairs?
   You must allow access for reasonable repairs if proper notice is given. Unreasonably refusing access could affect your rights and tenancy.

Key Takeaways for Renters

• Your landlord must give at least 24 hours' written notice to enter for repairs—unless it's an emergency.
• Keep a written record if your landlord breaches these rules.
• Use the Tribunal and official forms to protect your rights if issues continue.

Understanding these rules helps ensure your privacy and legal protections as a tenant in Scotland.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Tribunal for tenancy disputes and repair complaints
• mygov.scot: Repairs and renting – Scottish Government repairs guide
• Shelter Scotland: Landlord right of entry – Advice on access and privacy

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1. Private Housing (Tenancies) (Scotland) Act 2016 – Landlord entry rules
2. First-tier Tribunal - How to apply for repair enforcement

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