Is There a Minimum Legal Temperature for Rented Homes in Scotland?

Living in a cold property doesn't just feel uncomfortable — it could also be a matter of legal concern for renters in Scotland. Every landlord must provide a safe, habitable home, which includes ensuring that your property can be kept warm enough for good health. Understanding your rights and what options are available if your accommodation is too cold is essential to safeguarding your wellbeing in your rented home in Scotland.

Understanding the Law: What Are the Standards?

Scottish law sets out clear minimum standards for rented homes, including requirements for heating and energy efficiency. Landlords must ensure:

• The property is wind and watertight
• To the 'Repairing Standard', all installations for heating, gas, and electricity are in a reasonable state of repair and working order
• A fixed heating system in every home that is capable of maintaining a temperature of at least 21°C in the living room and 18°C in other rooms, even when it’s minus 1°C outside
• The property meets current Energy Performance Certificate (EPC) requirements

These standards are part of the Housing (Scotland) Act 2006 ¹ and specific Scottish Government guidance.

What Is the Repairing Standard?

The 'Repairing Standard' is legal criteria that all private rented homes in Scotland must meet. This standard covers the property’s structure, heating, plumbing, safety features, and more.

• If your heating system cannot keep rooms at the minimum temperatures, or if it doesn’t work at all, it likely breaches the Repairing Standard.
• Inspectors use these minimum temperature guidelines when resolving tenant complaints about cold homes.

Energy Performance Certificate (EPC) Requirements

All privately rented properties in Scotland must have an EPC rating of at least E (since 1 October 2020). This rating measures how energy efficient your home is — the lower the rating, the harder and more costly it will be to keep warm. You can find more about EPCs at the Scottish Government’s Energy Performance Certificates page.

Signs Your Property Is Too Cold to Be Legal

It may be a breach of your landlord’s obligations if:

• There is an inadequate or broken heating system
• You cannot achieve a comfortable temperature as outlined above
• Damp, mould, or condensation is present due to poor heating

If you raise the issue with your landlord but the situation is not rectified, further action is available to you.

Your Rights and What to Do If Your Home Is Too Cold

If your rented home is persistently too cold and your landlord does not address the problem, you can take formal steps:

• Document the issue. Take notes, photos, and keep records of communication with your landlord.
• Serve a written complaint. Clearly state what the problem is and what you want your landlord to do.
• If no suitable action is taken, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) — the body responsible for resolving disputes over landlord standards in Scotland.

Official Form: Repairing Standard Application

• Form Name: Application to the First-tier Tribunal for Scotland (Repairing Standard)
  When & How Used: Use this form if your landlord fails to fix your heating after you report the issue. Once submitted, the Tribunal will consider evidence and possibly inspect your home.
  Link: Repairing Standard Application Form (PDF)

If you feel unsafe, or the cold is affecting your health and your landlord isn’t fixing it, you can go straight to the First-tier Tribunal for help.

Enforcement and Penalties for Landlords

If the Tribunal finds your landlord has failed their legal duty, it can issue an order requiring repairs to be carried out by a specific deadline. Landlords risk further legal consequences for non-compliance, including fines.

Summary: Cold Homes and Your Rights

Most cold conditions in Scottish rented homes are avoidable with clear legal protections. The Repairing Standard and EPC rules are there to ensure all tenants live in homes that can be kept warm and healthy. You have a right to seek enforcement if these requirements are not met.

Frequently Asked Questions

1. What is the minimum legal temperature for rented homes in Scotland?
   Landlords must provide a heating system capable of maintaining at least 21°C in living rooms and 18°C in bedrooms and other rooms, as required by the Repairing Standard.
2. Can I complain if my home is too cold and the landlord won’t fix it?
   Yes. If you have notified your landlord but little is done, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for assistance.
3. Does my landlord have to upgrade the insulation or boiler?
   Your landlord must ensure your home is energy efficient enough to meet at least EPC band E. If insulation or the boiler is causing your home to fall short, upgrades may be required.
4. What happens if the landlord ignores a Tribunal order?
   Ignoring a Tribunal order to repair or improve your property can lead to fines and being barred from renting out properties.
5. Do these rules apply to all types of private rentals?
   Most rules apply to private tenancies and certain other tenures. Social housing may have its own standards but similar protections usually apply.

Conclusion: Key Takeaways for Renters

• Your home must be able to reach legal minimum temperatures and meet EPC standards.
• If your landlord fails to address heating issues, you have the right to involve the First-tier Tribunal for Scotland.
• Keep evidence and act swiftly to protect your health and comfort.

Know your rights—Scotland's laws are designed to protect renters from unsafe and cold homes.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – For applying on Repairing Standard issues
• Scottish Government: Repairs in Private Rented Housing
• Citizens Advice Scotland: Repairs in Rented Housing
• Energy Performance Certificates: Scottish Government Guidance

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1. See Housing (Scotland) Act 2006
2. Repairing Standard explained at MyGov.Scot landlord repairs guide
3. Official EPC information for Scotland: Scottish Government EPC page

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