Landlord Repair Obligations and Tenant Rights in Scotland

If you’re renting a property in Scotland and your landlord isn’t carrying out necessary repairs, it can feel stressful and confusing. Scottish law protects renters and sets out the duties landlords must follow, including keeping homes safe, wind-and-watertight, and fit for living. This guide will help you understand your rights, the landlord's obligations, and what steps you can take if repairs are neglected, referencing official Scottish rules.

Landlord Repair Responsibilities in Scotland

By law, landlords in Scotland must ensure your home meets the "Repairing Standard" and remains in a suitable condition throughout the tenancy. This includes:

• Keeping the structure and exterior in good repair (walls, roof, drains, gutters, windows)
• Ensuring installations for water, gas, electricity, sanitation, heating, and hot water are working safely
• Making the property wind- and watertight
• Addressing fire safety and smoke alarm requirements

These duties are set by the Housing (Scotland) Act 2006 and the Private Housing (Tenancies) (Scotland) Act 2016.^[1][2]

What Should You Do if Repairs Are Needed?

It’s best to take the following steps if something in your rented home needs fixing:

• Notify your landlord or letting agent in writing as soon as you notice a problem. Keep a dated copy of your request.
• Allow a reasonable time for your landlord to respond—this could be immediately for emergency repairs, or up to 21 days for most non-urgent issues.
• If repairs aren’t done, send a reminder letter or email with a clear deadline.

If the Landlord Still Doesn’t Act

If you’ve waited a reasonable time and repairs haven’t been started, you have the right to escalate your problem.

How to Take Further Action: Using the First-tier Tribunal

If your landlord refuses to make necessary repairs or ignores your requests, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). This independent tribunal handles tenant complaints regarding repair standards in privately rented homes.

Relevant Official Form

To start the process, use the following form:

• Form: Application under Section 22 of the Housing (Scotland) Act 2006
  Repairing Standard Application Form (PDF)
  • When and how to use it: Use this form if you are a tenant in a private rented home and believe your landlord has failed to meet Repairing Standard duties. For example, if your heating hasn’t been fixed after several written requests, complete and submit this form to the Tribunal. Attach evidence like emails, photos, and communication records.

Application guidance is available on the official Tribunal website. There is no fee for this service.

What Can the Tribunal Do?

If the Tribunal agrees the landlord has breached their duties, it can issue a Repairing Standard Enforcement Order. This legally compels the landlord to carry out repairs by a set deadline. The Tribunal may also award compensation to you in some cases.

• The Tribunal’s orders are enforceable by law. Failure by the landlord can lead to penalties and impact their ability to rent in the future.
• All rented homes in Scotland must have a registered landlord; failing to meet standards can put this registration at risk.

Penalties and Further Steps

If your landlord ignores the Tribunal’s order, they may face criminal sanctions, including fines. You can report continued non-compliance to your local council, who can also take enforcement action under landlord registration rules.

Summary of Steps: Taking Action on Repairs in Scotland

• Tell your landlord about the issue in writing
• Allow reasonable time to respond
• Apply to the First-tier Tribunal if the problem remains
• Follow Tribunal directions and keep all records

This approach will help ensure your rights are protected under Scottish law.

FAQ: Landlord Repairs in Scotland

1. How long should my landlord take to complete repairs?
   Your landlord should address most repairs within a "reasonable period." For non-emergency repairs, this is usually up to 21 days. Urgent health and safety fixes should be addressed much faster. If these timeframes aren’t met, you can escalate your complaint.
2. Can I stop paying rent if repairs aren’t done?
   No, you must continue to pay rent even if repairs are delayed. Withholding rent may put you at risk of eviction. Instead, use the Tribunal route to enforce your rights.
3. What evidence should I gather for a Tribunal application?
   Keep all written requests, photos of the disrepair, dated correspondence, and any independent reports. This strengthens your case.
4. Is there a fee to apply to the First-tier Tribunal?
   No, making an application about repairs to the Housing and Property Chamber is free.
5. Can I take emergency action if the property is unsafe?
   If there is an immediate risk to your health or safety (such as a gas leak), contact your local council's Environmental Health team or emergency services, and notify your landlord at once.

Need Help? Resources for Renters

• mygov.scot Tenant Rights – Official guidance for private tenants in Scotland
• Scottish First-tier Tribunal (Housing and Property Chamber) – Make applications about repair disputes
• Scottish Housing Regulator – Oversight and information on landlord duties
• Shelter Scotland Advice Services – Free support and housing advice
• Scottish Government Private Renting Policies

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1. Housing (Scotland) Act 2006
2. Private Housing (Tenancies) (Scotland) Act 2016
3. First-tier Tribunal: Repairing Standard Applications Guidance
4. mygov.scot: Repairing Standard for Landlords
5. Scottish Government Landlord and Tenant Rights

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