Landlord Repainting Duties in Scottish Rental Homes

If you rent a property in Scotland and are concerned about worn, stained, or damaged paintwork, it's natural to wonder who is responsible for repainting. Understanding your rights regarding maintenance and redecorating in Scottish rental properties empowers you to keep your home safe, comfortable, and up to standard.

Who Is Responsible for Repainting in a Rented Property?

In Scotland, landlords are legally required to ensure that the property meets certain repair and housing quality standards. However, there is no specific law that obliges landlords to routinely repaint at set intervals. Landlords are responsible for keeping the property, including internal decoration, “wind and watertight and reasonably fit for human habitation.”¹ This generally covers issues where the paintwork affects:

• The safe condition or structure of the property
• Signs of damp, mould, or serious disrepair
• The property failing the Repairing Standard

Landlords are not expected to refresh paintwork simply due to normal wear and tear, fading, or personal taste.

What Is the Repairing Standard?

The Repairing Standard is a legal benchmark your landlord must meet during your tenancy. It includes keeping the property in good repair and proper working order, which can extend to decoration if poor paintwork presents a health hazard or is linked to structural defects such as leaks.

When Might a Landlord Be Required to Repaint?

• If paintwork is damaged by water, mould, or structural problems: Your landlord must repair the underlying issue and often redecorate the affected area as part of the remedy.
• Hazardous materials (e.g., flaking lead paint): Landlords must address health and safety risks in line with the Housing (Scotland) Act 2006.
• End of tenancy: If you leave the property with damage beyond normal wear and tear, you might be asked to pay for redecorating. See the Private Residential Tenancy guide for details.

If you simply dislike the current colour or style, or if walls look a bit tired but not damaged, the landlord is not obliged to repaint during your tenancy.

Can I Request Repainting or Decorate Myself?

You can ask your landlord to improve paintwork, especially if you think it relates to disrepair. If you wish to repaint yourself, always get written permission before starting any decorating, as some tenancies prohibit alterations without consent.

What If Your Landlord Refuses to Address Bad Paintwork?

If poor paintwork is part of a wider repair problem, and your landlord won’t act, you can use the Repairing Standard Application Form to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for help.

• Repairing Standard Application (Form): Submit this if the landlord fails to keep the property to the required standard after receiving written notice from you.
• How to Use: For example, if a wall remains unpainted after water damage and you have reported this, you may complete the form and submit it with evidence (such as photos and communications).
• Download the Repairing Standard Application Form (PDF)

The Tribunal can order your landlord to carry out necessary repairs or redecorate areas made unsightly by disrepair.

Summary: Scottish Renter Repainting Rights

In Scotland, a landlord must ensure the home is safe and in good repair, but is not required to routinely repaint for normal wear and tear. Renter requests for repainting are most likely to succeed when paintwork is linked to genuine repairs or health and safety issues.

Frequently Asked Questions (FAQs)

1. Is my landlord in Scotland required to repaint every few years?
   No, there is no legal requirement for regular repainting at set intervals. Repainting is only mandatory if damage or disrepair makes areas unsafe or breaches the Repairing Standard.
2. Can I repaint the property if the landlord refuses?
   You must obtain written permission from your landlord before decorating. Painting without consent could breach your tenancy agreement and affect your deposit.
3. What if peeling paint is caused by damp?
   Report the problem to your landlord. They must fix the cause and redecorate affected areas. If nothing happens, you may apply to the First-tier Tribunal using the Repairing Standard Application.
4. Who handles housing repair disputes in Scotland?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) deals with private landlord repair complaints and disputes.
5. Where can I find official tenancy legislation?
   The Private Housing (Tenancies) (Scotland) Act 2016 and Housing (Scotland) Act 2006 are the main laws for rental standards and repairs.

Need Help? Resources for Renters

• mygov.scot: Private renting—Repairs
• First-tier Tribunal for Scotland (Housing and Property Chamber)—For repair standard complaints and forms
• Citizens Advice Scotland: Renting Privately
• Scottish Government—Your rights as a private renter

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1. Housing (Scotland) Act 2006 – Repairing Standard legal obligations
2. Private Housing (Tenancies) (Scotland) Act 2016 – Private tenancy regulation
3. First-tier Tribunal for Scotland (Housing and Property Chamber)

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