What is radon and why it matters
Radon is a radioactive gas produced by the natural breakdown of uranium in soil and rock. It can build up indoors and increase long-term lung cancer risk, especially in properties with poor ventilation. Tenants in Scotland should know how to ask for testing and mitigation and when a landlord is responsible for repairs or safety measures.
Landlord duties and the law in Scotland
Under the Private Housing (Tenancies) (Scotland) Act 2016 landlords must ensure rented properties meet basic standards and are free from environmental hazards that affect habitability, which can include radon when it causes a significant health risk.[1]
Who enforces tenancy standards?
The First-tier Tribunal for Scotland — Housing and Property Chamber handles many private renting disputes, including applications about repairs and enforcement orders; tenants can apply if a landlord does not fix a qualifying problem.[2]
How tenants can raise concerns
- Contact your landlord in writing describing the issue and asking for testing or repairs within a clear timeframe.
- Keep dated photos, copies of messages and a log of symptoms or how the problem affects habitability.
- Send a formal written request or form asking for an official radon test or mitigation plan, and ask the landlord to confirm their response in writing.
- Apply to the Housing and Property Chamber for a tribunal hearing if the landlord does not act; the tribunal can issue enforcement orders.
Official forms and when to use them
- Application for the Repairing Standard (Housing and Property Chamber application): use when a landlord repeatedly fails to fix heating, damp, plumbing or other serious defects; example — you asked for heating repairs and the landlord did not respond, so you apply to the tribunal for an enforcement order.[2]
- Application form for other tenancy disputes (Housing and Property Chamber): use this to raise issues like retaliatory eviction or failure to return deposits when linked to unresolved repairs.
How the tribunal process works
You submit the relevant application and supporting evidence, the tribunal may arrange a case conference or hearing, and a decision can include a repairing standard enforcement order requiring the landlord to carry out specified works. Prepare clear evidence and copies of all correspondence.
FAQ
- Can a landlord be required to reduce rent if radon mitigation makes a property less comfortable?
- Rent changes are separate from repair orders; tenants should seek advice and may apply to the tribunal about rent or compensation if mitigation affects habitability.
- How long does a tribunal case usually take?
- Timelines vary; some cases are resolved after an early resolution or case conference, while contested hearings can take several months depending on complexity and listing availability.
- Who pays for radon testing or mitigation?
- Responsibility depends on the tenancy agreement and whether the hazard affects habitability; if the landlord is responsible for repairs, they normally must pay for testing and mitigation.
How-To
- Write to your landlord describing the suspected radon or environmental hazard and request testing or repairs in writing.
- Collect evidence: photos, dated messages, any health-related notes and a log of when problems occur.
- Request or book an official radon test using a certified provider and ask the landlord to agree to mitigation if levels are high.[3]
- If the landlord does not act, apply to the Housing and Property Chamber with your evidence and copies of your written requests.
Key Takeaways
- Tenants in Scotland have legal paths to require landlords to address serious environmental hazards.
- Document requests and keep clear evidence before applying to the tribunal.
- If repairs are needed, the tribunal can order the landlord to carry out specified works.
Help and Support / Resources
- Apply to the Housing and Property Chamber
- Private Housing (Tenancies) (Scotland) Act 2016
- Radon guidance for homeowners and renters (GOV.UK)
