Responsibility for repairs
Under the Private Housing (Tenancies) (Scotland) Act 2016 and related rules, landlords must keep the structure and exterior of a private residential tenancy in repair, including external walls and roofs[1]. If a fault affects habitability or safety, the landlord is responsible unless the tenancy agreement states the tenant accepted responsibility for a specific, legal, short-term repair in writing.
What landlords must fix
Typical examples the landlord should repair include:
- Structural cracks or movement that threaten the building.
- Leaking or missing roof coverings causing water ingress.
- Damaged external walls or pointing that leads to damp.
Reporting a repair
Always report external wall or roof defects to your landlord or letting agent in writing, keep a copy, and set a clear required response time. If you need guidance on tenant steps in Scotland, follow official advice before escalating[2].
Using the First-tier Tribunal (Housing and Property Chamber)
If your landlord fails to carry out necessary repairs you can apply to the First-tier Tribunal (Housing and Property Chamber) for a Repairing Standard Enforcement Order. The tribunals site includes the "Application for a Repairing Standard Enforcement Order" form and guidance on how to apply[3]. For example, if a leaking roof persists more than a reasonable time after written notice, a tenant can apply for an order requiring the landlord to fix it and to reimburse reasonable costs.
Gathering evidence
Good evidence speeds resolution. Collect dated records showing the problem, attempts to notify the landlord, and any health or safety impacts.
- Photographs and videos showing the roof or wall damage with dates.
- Copies of emails, texts or letters where you reported the issue.
- Receipts for emergency repairs you authorised, or quotes from qualified tradespeople.
- Medical reports or statements if the defect caused health problems.
FAQ
- Who pays for external wall and roof repairs?
- Unless your written tenancy agreement clearly makes you responsible for a specific repair, the landlord normally pays for structural and exterior repairs.
- How long should I wait for repairs?
- What is reasonable depends on the defect: emergency leaks should be addressed immediately, and other serious defects within days or weeks; always report in writing and set a clear timescale.
- Can a landlord enter my home to inspect the roof?
- Landlords must give reasonable notice and obtain your permission for inspections except in genuine emergencies; check your tenancy for notice requirements.
How-To
- File a written report to your landlord or letting agent describing the defect and asking for repairs within a reasonable time.
- Collect dated photos, messages and any repair quotes or receipts to support your case.
- If the landlord does not act, apply to the First-tier Tribunal using the "Application for a Repairing Standard Enforcement Order" form and include your evidence.
- Attend any hearing or provide further information if requested; follow tribunal deadlines and directions.
Key Takeaways
- Landlords are usually responsible for external wall and roof repairs in Scotland.
- Keep clear written records, photos and receipts to support any application.
- The First-tier Tribunal (Housing and Property Chamber) can order repairs if a landlord fails to act.
Help and Support / Resources
- Housing and Property Chamber, First-tier Tribunal
- Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
- Scotland: private rented sector guidance - gov.scot
