If you rent in Scotland and suspect a carbon monoxide leak, you need clear steps to keep yourself safe and to understand when a landlord may be legally responsible. This guide explains tenant rights, common causes of carbon monoxide in homes, what immediate actions to take, and how to report hazards to your landlord and to official bodies. It also describes when you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for remedies if a landlord fails to act. The language is straightforward for renters who are not legal experts, with practical examples of forms and timescales to help you follow each step.
Understanding landlord responsibilities and carbon monoxide
Landlords in Scotland must ensure rented properties are safe and that any appliances they provide are maintained so they do not create carbon monoxide (CO) risks under the Private Housing (Tenancies) (Scotland) Act 2016 [1]. If a landlord supplies or is responsible for an appliance or flue that gives off CO, they may be required to repair, replace or remove the hazard. Tenants should know basic symptoms of CO exposure (headache, dizziness, nausea) and report concerns straight away.
Immediate steps tenants should take
Take practical actions to protect health and preserve evidence:
- Call emergency services if anyone is unwell or you suspect a dangerous leak and follow their instructions.
- Turn off appliances you can isolate safely and ventilate the property if it is safe to do so.
- Report the issue to your landlord in writing (email or text) and keep copies of all messages and photos as evidence.
Relevant official forms and when to use them
There are a small number of official records and forms tenants may need:
- Application to the First-tier Tribunal (Housing and Property Chamber) — use the Tribunal application form available on the Tribunal website when a landlord fails to repair or remove a CO hazard and you need a formal remedy, for example an order to force repairs or compensation.[2]
- Gas Safety Record (commonly called CP12) — this is the annual gas safety check certificate issued by a Gas Safe registered engineer; tenants can ask for a copy to confirm checks were carried out.
- Written report/email to the landlord — while not a formal numbered form, a dated written report from the tenant creates a record that the landlord has been notified and starts timescales for repair responses.
When you can escalate and the tribunal
If a landlord does not take reasonable steps to remedy a CO hazard after you report it, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for orders such as requiring repairs or awarding compensation. The Tribunal handles private tenancy disputes in Scotland and publishes application guidance and forms online.[2]
Evidence to gather and timescales
Good evidence and prompt action matter. Collect:
- Photographs of faulty appliances, vents or flues and dated messages to the landlord.
- A log of symptoms, dates and times you reported the problem and any responses received from the landlord.
- Copies of any gas safety record (CP12) or engineer reports you receive.
Key Takeaways
- Prioritise safety: evacuate and call emergency services if you suspect poisoning.
- Document everything: written reports, photos and dates are essential evidence.
- If a landlord fails to act, you can apply to the First-tier Tribunal for Scotland for remedies.
FAQ
- Who can be held responsible if carbon monoxide comes from a faulty appliance?
- A landlord can be liable if they were responsible for the appliance or its maintenance and failed to take reasonable steps to prevent a CO hazard under the Private Housing (Tenancies) (Scotland) Act 2016.
- What immediate steps should a tenant take after smelling fumes or feeling unwell?
- Leave the property, get fresh air, call emergency services if anyone is ill, and report the issue in writing to the landlord as soon as it is safe to do so.
- When and how do I apply to the Tribunal if the landlord does not act?
- If reasonable requests for repair or removal of the hazard are ignored, you can complete the Tribunal application form on the Housing and Property Chamber website to ask for an order; include your evidence and a clear description of what you want the Tribunal to do.
How-To
- Ensure immediate safety: evacuate, call 999 if someone is unwell, and get medical help.
- Notify the landlord in writing within a clear timescale and keep a dated copy of the message.
- Gather evidence: photos, symptom logs, and any engineer or CP12 reports.
- If the landlord fails to act, complete the Housing and Property Chamber application form and submit with your evidence for a Tribunal decision.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber) - applications and guidance
- Private Housing (Tenancies) (Scotland) Act 2016
- HSE guidance on carbon monoxide
