Do I have to keep paying rent if fire or flooding makes my home uninhabitable in Scotland?

Not always. If the issue is not your fault and your tenancy agreement or Scottish law supports a reduction or suspension, you may not owe full rent. It’s best to check your contract and speak with your landlord promptly.

What if my landlord won’t repair my home or discuss rent relief?

You can apply to the Housing and Property Chamber of the First-tier Tribunal for Scotland using a Repairing Standard Application. The Tribunal can order repairs and sometimes address rent concerns.

Does renters’ (contents) insurance cover my rent payments?

Usually, no. Renters’ (contents) insurance protects your belongings. Some policies cover the cost of alternative accommodation, but not your ongoing rent. Check your policy for details.

Who decides disputes over rent in uninhabitable property cases?

The Housing and Property Chamber of the First-tier Tribunal for Scotland is the tribunal for tenancy disputes and infrastructure repair issues.

What official form should I use if my landlord ignores urgent repairs?

Use the Repairing Standard Application Form to apply to the Tribunal if your landlord will not comply.

Does Renters’ Insurance Cover Rent if You Can’t Live in Your Scottish Home?

Renters’ Insurance & Liability Scotland published: June 29, 2025

If you’re renting a home in Scotland and a fire or major issue forces you out, you might wonder: do you still have to pay rent, and will your renters' insurance help? Understanding the differences between insurance cover, landlord duties, and your legal rights can save you stress and money.

When You Can’t Live in Your Rented Home: What Happens to Your Rent?

There are situations—like flooding, fire, or structural damage—when a rented property becomes uninhabitable. "Uninhabitable" generally means it’s unsafe or impossible to live in due to a serious problem. Your rights and responsibilities in these cases depend on your tenancy type and what your contract (tenancy agreement) says, alongside Scottish law.

Legal Framework for Renters in Scotland

Most private renters have a Private Residential Tenancy. The law that protects your rights is the Private Housing (Tenancies) (Scotland) Act 2016. If you rent from a council or housing association, the Housing (Scotland) Act 2001 applies.¹

Are You Still Liable for Rent If You Can’t Live in Your Rented Property?

Generally, the answer depends on what made the property unfit and your agreement:

If the issue is your landlord’s responsibility (for example, structural problems they should maintain), you may be entitled to reduced rent or a rent refund while the property is uninhabitable.
If you caused the damage (e.g., accidental fire started by you), you might still be liable for the full rent.
If neither party is at fault (serious storm damage), your contract and insurance come into play.

Check your tenancy agreement for any rent suspension or reduction clauses that apply if the home becomes uninhabitable.

Does Renters’ Insurance Cover Ongoing Rent?

"Renters’ insurance" (also called "contents insurance") in Scotland generally protects your belongings, not your rent. However, some policies offer "alternative accommodation" cover, which pays for somewhere else to live, not your ongoing rent payments.

Check your insurance policy’s wording—look for sections about alternative accommodation or loss of rent (this usually benefits landlords, not tenants).
If your insurance provides alternative accommodation, your rent payments usually remain due unless you negotiate with your landlord for a waiver or reduction.
Your landlord may have insurance that covers loss of rent in these events, but this doesn’t automatically release you from your own payment obligations.

If in doubt, contact your insurer directly for clarity and keep a record of communications.

Landlord’s Legal Duties to Repair and Maintain

Your landlord is legally required to keep your home safe, wind- and watertight, and in a liveable condition. This is set out in the Housing (Scotland) Act 2006 (the "Repairing Standard"). If repairs are needed, inform your landlord in writing as soon as possible.

If the landlord doesn’t act, the Housing and Property Chamber of the First-tier Tribunal for Scotland can help you enforce repair rights or dispute your liability for rent during repairs.²

Practical Action Steps for Renters

Notify your landlord in writing with clear details if your home becomes uninhabitable.
Check your tenancy agreement for clauses on rent reduction or suspension due to major damage.
Contact your contents insurer to check for alternative accommodation cover.
Keep all records—photos, reports, written communications.
If your landlord won’t negotiate, apply to the Tribunal.

Staying organised and knowing your rights can speed up your return home—or help you seek fair rent relief.

Relevant Forms for Tenants

Repair Referral Form (First-tier Tribunal for Scotland)
Use this when your landlord fails to carry out necessary repairs or works. Example: Your flat is made uninhabitable by flood damage. Your landlord refuses or is slow to fix it, and you want the Tribunal to step in. Find and complete the Repairing Standard Application.
Notice to Leave (for tenants)
If you wish to end your tenancy because your home is uninhabitable and you want to move out, you can give your landlord written notice (there is no set government form, but guidance is available from mygov.scot: Ending your tenancy).

Resolving Disputes: Where to Get Help

If discussions with your landlord break down, you can ask the Housing and Property Chamber of the First-tier Tribunal for Scotland to decide if you should pay rent or if you’re entitled to a rent reduction or other remedy.

It’s always worthwhile seeking advice before ending your tenancy or withholding rent, as doing so without proper cause can risk eviction or legal difficulties.

Frequently Asked Questions

Do I have to keep paying rent if fire or flooding makes my home uninhabitable in Scotland?
Not always. If the issue is not your fault and your tenancy agreement or Scottish law supports a reduction or suspension, you may not owe full rent. It’s best to check your contract and speak with your landlord promptly.
What if my landlord won’t repair my home or discuss rent relief?
You can apply to the Housing and Property Chamber of the First-tier Tribunal for Scotland using a Repairing Standard Application. The Tribunal can order repairs and sometimes address rent concerns.
Does renters’ (contents) insurance cover my rent payments?
Usually, no. Renters’ (contents) insurance protects your belongings. Some policies cover the cost of alternative accommodation, but not your ongoing rent. Check your policy for details.
Who decides disputes over rent in uninhabitable property cases?
The Housing and Property Chamber of the First-tier Tribunal for Scotland is the tribunal for tenancy disputes and infrastructure repair issues.
What official form should I use if my landlord ignores urgent repairs?
Use the Repairing Standard Application Form to apply to the Tribunal if your landlord will not comply.

Key Takeaways for Renters

Your obligation to pay rent if you can’t live in your home depends on the cause and your tenancy contract.
Renters’ insurance rarely covers rent but may pay for temporary housing.
If repairs are not made, the Housing and Property Chamber can help.

Always check your tenancy agreement and get advice before taking action.

Need Help? Resources for Renters

Housing and Property Chamber of the First-tier Tribunal for Scotland – for disputes and repair enforcement
Mygov.scot: Tenant Rights and Responsibilities
Citizens Advice Scotland – Renting a Home
Government Guide: Private Residential Tenancies