Landlord duties and the law in Scotland
The core law for private tenancies is the Private Housing (Tenancies) (Scotland) Act 2016[1]. That Act and related guidance require landlords to keep a rented home in a condition that meets the repairing standard and relevant health and safety requirements.
The repairing standard and what it covers
The repairing standard covers structural condition, heating, ventilation, drainage, water supply, and installations for electricity and gas. If these systems are faulty they can affect safety and habitability.
- Repairs to structure, plaster, roofs, windows and doors.
- Repairs to heating and hot water systems.
- Repairs to plumbing and drainage that affect living conditions.
- Keeping common areas safe and well maintained.
Official forms and when to use them
Tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a Repairing Standard Enforcement Order when a landlord does not carry out necessary repairs. The tribunal website has the application guidance and form[2]. As an alternative, you can report hazards to your local authority under environmental health powers or follow Scottish Government guidance on the repairing standard[3].
How to prepare a repair request
Follow clear steps to create a written repair request, keep copies, set a reasonable deadline and store evidence such as dated photos, messages and receipts.
- Send a dated written request to your landlord or managing agent and keep a copy.
- Keep a clear record of problems with photos, videos and a repair log.
- Allow a reasonable time for response depending on severity; emergencies need immediate attention.
Evidence and escalation
If the landlord does not act, send a final written request and then consider applying to the tribunal or contacting your local authority. The tribunal expects tenants to show attempts to resolve the issue and clear evidence of the defect.
FAQ
- Who enforces the repairing standard?
- The First-tier Tribunal for Scotland (Housing and Property Chamber) enforces the repairing standard; local authorities can act on health and safety and tolerable standard matters.
- How long will repairs take?
- There is no fixed deadline for all repairs. A reasonable time depends on the defect: emergencies should be immediate, routine repairs within days or weeks depending on complexity.
- Can I withhold rent if repairs are not done?
- Withholding rent can breach your tenancy and is not usually recommended. Seek tribunal action or local authority enforcement instead.
- What evidence should I provide to the tribunal?
- Provide dated photos, copies of written requests, receipts for repairs you paid for, and any correspondence showing attempts to resolve the issue.
How-To
- Contact your landlord in writing to report the defect and request a repair.
- Collect and save evidence: photos, videos, dates and receipts.
- Give the landlord a reasonable deadline in your final written request.
- If unresolved, complete the tribunal Repairing Standard application and submit supporting documents.
- Attend any tribunal hearings and provide clear evidence and witness statements if needed.
- If the tribunal grants an order, use the order to seek enforcement or local authority follow-up where applicable.
Key Takeaways
- Landlords in Scotland must meet the repairing standard and keep properties safe.
- Document problems clearly and keep records of all communication.
- The First-tier Tribunal (Housing and Property Chamber) can issue enforcement orders for repairs.
Help and Support / Resources
- First-tier Tribunal (Housing and Property Chamber)
- Scottish Government: Repairing standard guidance
- Private Housing (Tenancies) (Scotland) Act 2016
