Tenants who rent property in Scotland have rights when a landlord fails to keep a home in reasonable repair. If heating, plumbing, structural safety, damp or other issues make the property fail the repairing standard, you may be able to seek compensation, a rent reduction, or an enforcement order. This guide explains, in plain language, how the repairing standard works under Scottish law, when compensation is available, what official forms to use, and the step-by-step process to apply to the First-tier Tribunal (Housing and Property Chamber)[2]. It also explains how to gather evidence, realistic timelines, and practical examples to help you decide whether to take formal action or negotiate directly with your landlord.
What the repairing standard covers
The repairing standard is the minimum condition a private rented property must meet for habitability and safety under the Private Housing (Tenancies) (Scotland) Act 2016[1]. It covers structure and exterior, water supply, drainage and sanitary conveniences, heating, ventilation, and safety of installations such as gas and electricity. The test is whether the property is reasonable for occupation and whether it is in a reasonable state of repair and in a reasonable state of repair for residential occupation.
When you may be eligible for compensation
Compensation is considered when a tenant has suffered loss, inconvenience, or expense because the repairing standard was breached. Typical situations include:
- Landlord failed to repair serious defects affecting heating, plumbing or structural safety.
- You paid for necessary repairs yourself and want reimbursement.
- You lost use of part of the home and seek a rent reduction or compensation for loss of amenity.
- Landlord ignored a reasonable written request and any reasonable deadline you set.
- There was a health or safety risk that caused damage or extra costs.
How to start a claim and official forms
Start by telling the landlord in writing exactly what is wrong and give a reasonable deadline to fix it. If the landlord does not act, you can apply to the First-tier Tribunal (Housing and Property Chamber) for an enforcement order or compensation. Use the official application forms and guidance on the tribunal website to ensure you use the correct application route and include the right evidence[2]. You should also review the Private Housing (Tenancies) (Scotland) Act 2016 for your legal rights and the tribunal's powers[1].
- Application to the First-tier Tribunal (Housing and Property Chamber) — the tribunal site lists the specific application form to request a repairing standard enforcement order and explains what to include. Example: if your landlord has ignored three written repair requests over eight weeks, complete the tribunal application, attach photos, receipts and copies of your messages, and submit as instructed on the tribunal site.
- Supporting evidence (no specific form number) — attach dated photos, medical notes if relevant, receipts for repairs you paid for, and a log of contacts with the landlord. Example: include a scanned invoice for a plumbing repair you arranged after a leak caused damage.
What the Tribunal can order
The First-tier Tribunal (Housing and Property Chamber) can decide whether the repairing standard has been breached and can make orders such as a repairing standard enforcement order, an order requiring the landlord to pay compensation, or an order for repayment of sums the tenant has paid for repairs. The tribunal will consider the nature of the breach, the impact on the tenant, and the evidence provided.
- The tribunal can issue enforcement orders requiring work to be done.
- The tribunal can award compensation for proven loss or expense.
- The tribunal can set timescales for compliance and follow-up action if orders are ignored.
FAQ
- Can I get money back if my landlord breaches the repairing standard?
- Yes. The tribunal may award compensation to reflect loss, inconvenience or reasonable expenses you incurred, depending on the evidence and circumstances.
- Do I need a solicitor to apply?
- No. Tenants often apply without a solicitor, though you may choose legal advice for complex cases or significant claims; the tribunal accepts applications from tenants acting in person.
- How long does a claim usually take?
- Timelines vary. The tribunal may take several weeks to list a case and longer for a full decision; urgent applications are possible in serious cases but require clear justification.
How-To
- Write a clear written complaint to your landlord, describe the problem, attach photos and set a reasonable deadline.
- Gather evidence: photos, videos, receipts, medical notes and a log of all communications.
- Complete and submit the correct application form to the First-tier Tribunal (Housing and Property Chamber) and attach your evidence.
- Prepare for the hearing by organising documents and arranging witnesses or statements.
- If the tribunal awards compensation or an order, follow the tribunal's directions for enforcement or payment.
Key Takeaways
- Keep dated records of the problem and all contact with the landlord.
- Try to resolve issues directly first, but use the tribunal if the landlord does not act.
- Act within reasonable timeframes and set clear deadlines in writing.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
