How to Report Housing Disrepair as a Renter in Scotland

If you are renting a property in Scotland and facing problems such as damp, broken heating, unsafe electrics, or other repair issues, it’s important to know how to report them. Scottish tenants’ rights around housing standards are backed by law, protecting your right to a safe, well-maintained home. This guide explains how to report housing disrepair in Scotland, what steps to take, and where to get official support.

Understanding Your Landlord’s Repair Responsibilities

Scottish landlords are legally required to keep their properties safe and fit to live in under the Private Housing (Tenancies) (Scotland) Act 2016.¹ They must:

• Ensure the home meets the Repairing Standard, including working heating, plumbing, electrics, and smoke alarms
• Address any issues you report within a reasonable time
• Carry out repairs properly – not just patching up

You also have some duties as a tenant, like caring for the property and reporting problems as soon as possible.

How to Report a Repair Problem

If something in your rented home needs repair, always notify your landlord in writing first. This creates a clear record of your request. Most landlords respond promptly, but if you experience delays or refusal, formal steps are needed.

Step 1: Contact Your Landlord in Writing

• Describe the issue clearly
• Request repairs within a reasonable timeframe
• Keep copies of all correspondence

Many renters use email, recorded post, or your letting agent’s online portal for this. If you don’t receive a response within a reasonable period (usually up to 28 days), you can consider further action.

Step 2: Escalate Your Complaint

If your landlord does not make repairs, you have the right to take your case to the First-tier Tribunal for Scotland (Housing and Property Chamber).² This tribunal resolves disputes between tenants and landlords, including repair standards.

Relevant Official Form: 'Application to the First-tier Tribunal for Scotland (Housing and Property Chamber): Repairing Standard'

• Form Name: ‘Application to the First-tier Tribunal for Scotland (Housing and Property Chamber): Repairing Standard’
• When to Use: If your landlord has failed to carry out repairs after you have notified them in writing.
• Example: For instance, if months have passed since you reported broken heating, and you have evidence of your communication, use this form to apply to the Tribunal.
• Official application form and guidance PDF

Along with the form, provide copies of your letters or emails to the landlord, photographs of the disrepair, and any expert reports if available.

The Tribunal Process Explained

The First-tier Tribunal for Scotland (Housing and Property Chamber) will review your case, and may inspect the property. If the Tribunal agrees repairs are needed, it can issue a legally binding Repairing Standard Enforcement Order, requiring your landlord to fix the problems within set deadlines.

What Is the 'Repairing Standard'?

The Repairing Standard sets minimum conditions for private rented properties in Scotland. Your home must be:

• Wind and watertight
• Structurally stable
• Fitted with water, gas, and electricity in good working order
• Have working fire, smoke, and heat detectors
• Safe furnishings and appliances supplied by the landlord

Full details are available from the Scottish Government’s Repairing Standard guidance.

If You’re in Social Housing

Council and housing association tenants have similar repair rights under the Scottish Secure Tenancy. Contact your landlord first, and escalate unresolved repairs to your local council or the First-tier Tribunal in some situations.

Summary

Reporting housing disrepair isn’t complicated, but following these steps ensures your rights are protected and that you have a clear record of your efforts.

Frequently Asked Questions

1. What should I do if my landlord refuses to make repairs?
   If your landlord ignores repair requests, collect your communications as evidence and apply to the First-tier Tribunal using the official application form for repairs.
2. How long must I wait before taking my landlord to the Tribunal?
   Usually, wait up to 28 days after reporting the issue, unless it’s an emergency repair affecting health or safety. For urgent cases, you may act sooner.
3. Is it free to apply to the First-tier Tribunal for repair problems?
   Yes, there is no fee for tenants applying to the Tribunal for repairs and housing standards disputes.
4. What happens if my landlord does not comply with the Tribunal’s order?
   If your landlord fails to follow a Repairing Standard Enforcement Order, they may face criminal prosecution and fines.
5. Can I be evicted for making a repair complaint?
   No, landlords cannot legally evict you because you asked for necessary repairs or exercised your rights as a tenant.

Conclusion: Key Takeaways

• Always report repair issues to your landlord in writing and keep records
• If repairs aren’t made, use the official Tribunal process – it’s free for tenants
• The Repairing Standard protects your right to a safe, well-maintained home in Scotland

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Official body for resolving repair disputes
• mygov.scot: Private renting repair advice
• Citizens Advice Scotland: Disrepair in private rented housing
• Scottish Government Repairing Standard guidance

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)

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