How to Handle Repeated Repairs in Rented Homes (Scotland)

If you're renting in Scotland and find yourself facing the same repair problems again and again, it's important to know your rights and the steps you can take. Scottish law requires your landlord to keep the property in good repair, and there are clear procedures for persistent or recurring issues. This guide explains, in simple terms, how renters can address repeated repairs in Scotland, referencing official legislation and processes.

Your Landlord’s Legal Repair Responsibilities

Under the Private Housing (Tenancies) (Scotland) Act 2016 and the Housing (Scotland) Act 2006, landlords must ensure their properties meet the 'Repairing Standard'. This means:

• The property must be wind and watertight.
• The structure and exterior must be in reasonable repair.
• Installations (gas, water, electricity, sanitation, heating) must work properly.
• Fixtures, fittings, and appliances must be safe and functional.

If you keep reporting the same problem and it’s not being properly resolved, you have options to escalate the issue.

What to Do if Repairs Keep Being Needed

If repairs are only done temporarily or the same issue keeps returning (for example, mould keeps coming back, heating fails repeatedly, or leaks recur), follow these steps:

• Notify your landlord in writing: Each time an issue returns, report it by email or letter, keeping records of your communication.
• Keep evidence: Take photos, keep records of dates when problems occur, and copies of any correspondence.
• Allow access: Give your landlord reasonable access to inspect and make repairs.

• Request a thorough fix: Politely state that temporary fixes have not lasted and that you expect a full investigation or lasting repair.
• Contact your local council’s Environmental Health: If the repair affects your health or the property’s safety (e.g., persistent damp, unsafe wiring), your council can investigate and may issue a notice to your landlord. Find your council’s details via mygov.scot: Find your local council.

Using Official Forms and Applying to the Tribunal

If your landlord fails to address persistent repair issues, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) (official tribunal site). This independent body decides disputes between tenants and landlords about repairs and standards.

To start this process, use the Repairing Standard Application Form:

• Form Name: Repairing Standard Application Form
• When Used: When your landlord has failed to carry out necessary repairs, and you’ve already notified them in writing. For example, if you’ve reported a faulty boiler several times and it still hasn’t been fixed properly after reasonable time.
• How to Use: Complete the application detailing the issue, what you’ve done to report it, and attach supporting evidence. Submit by post or online.
• Official Source: Repairing Standard Application Form (PDF)

What Happens Next?

Once the tribunal receives your application, they will:

• Contact your landlord and may arrange an independent inspection of the property.
• Hold a hearing if needed (you can attend and explain your case in plain language).
• Order your landlord to complete repairs by a specific date if your application succeeds.

The tribunal can enforce repairs, even if the landlord has carried out temporary fixes before.

FAQ: Repeated Repairs in Scottish Rented Housing

1. What counts as a 'reasonable time' for repairs?
   Landlords should start and finish repairs as soon as possible, usually within a few days to weeks depending on the problem. Serious issues like heating or water should be addressed urgently. If you’re unsure, check with your local council or First-tier Tribunal for Scotland.
2. Does the Repairing Standard apply to all tenants?
   The Repairing Standard covers most private tenants, especially those on a Private Residential Tenancy or Assured Tenancy. Different rules may apply in social housing or if your home is very old—check your agreement for details.
3. Can I stop paying rent because of repeated repairs?
   It is risky to withhold rent unless ordered by the tribunal or court. Instead, follow official steps and seek advice. Non-payment could lead to eviction.
4. Who pays for repairs if damage keeps returning?
   If the issue is caused by disrepair or maintenance needed due to normal use (not tenant damage), your landlord remains responsible for fixing it properly.
5. What if my landlord threatens eviction after I report repairs?
   It is illegal for your landlord to evict you or retaliate because you have exercised your repair rights. If this happens, seek support from Shelter Scotland or your local council immediately.

Conclusion: Key Points for Renters

• Document and report every occurrence of persistent repair issues in writing.
• Use the official Repairing Standard Application Form if your landlord doesn’t resolve problems.
• You are protected from unfair treatment when asserting your repair rights.

Take prompt action if your repair problems continue—Scotland’s official tribunal can help make your home safe and properly maintained.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Repairing Standard Applications
• Shelter Scotland: Repairs and bad conditions advice
• mygov.scot: Renting repairs guide
• Shelter Scotland Helpline: 0808 800 4444
• Contact your local council Environmental Health department

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 2006
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Repairing Standard Application Form
5. Shelter Scotland repairs advice

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