Rent Payments During Repairs: Your Rights in Scotland

If you’re a renter in Scotland and facing repairs in your home, you may wonder: do I have to keep paying rent while work is being carried out? This is a common concern, especially when repairs disrupt your daily life or make your home temporarily unliveable. Understanding your rights and what to expect can help you navigate this situation with confidence.

What Are Your Responsibilities When Repairs Are Needed?

Most tenancy agreements in Scotland require tenants to pay rent as usual, even if repairs are taking place. The law expects tenants to keep up with rent payments, except in exceptional circumstances. Landlords are legally responsible for carrying out most repairs under the Private Housing (Tenancies) (Scotland) Act 2016 and the Housing (Scotland) Act 2006¹.

When Might You Not Need to Pay Rent?

In rare cases, such as when your home becomes completely uninhabitable (for example, after a severe flood or fire), you may not be required to pay full rent or could be eligible for a rent reduction (known as "abatement"). However, this depends on the specific circumstances, your tenancy agreement, and the extent of the problem.

• If you can still use most of your home, you usually must pay rent as normal.
• If you can’t live in your home at all while repairs are carried out, discuss with your landlord or letting agent about a possible rent reduction or alternative accommodation.
• You may be entitled to claim compensation or a rent abatement if the property isn’t fit to live in.

Always keep written records of disrupted living conditions and any communications with your landlord.

Your Rights and The Landlord's Responsibilities

Landlords must keep the property wind and watertight, in good repair, and meet the official repairing standard. They must also ensure repairs are completed within a reasonable timeframe. If these obligations are not met, you can take action through the appropriate channels.

The First Tier Tribunal (Housing and Property Chamber)

If repairs are not dealt with satisfactorily, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for assistance². This official tribunal oversees housing disputes and can make legally binding decisions about repairs and rent abatements.

Relevant Official Forms

• Repair Application Form (Form RS): Use this to ask the Tribunal to order your landlord to carry out repairs. For example, if your boiler isn't fixed after reporting the fault, submit Repairing Standard Application (Form RS) directly to the Tribunal. Detailed guidance and the form are available on the official website.
• Abatement Claim: While there is no specific government form for rent abatement, you can make a request as part of your Tribunal application or by negotiation directly with your landlord. Document the impact (dates, extent, and evidence like photos) and include this in your supporting evidence to the Tribunal.

What Steps Should You Take?

Here are some practical actions if repair issues arise:

• 1. Report Problems Promptly: Notify your landlord or letting agent in writing about the repair needed. Be as specific as possible.
• 2. Keep Records: Keep copies of all correspondence, photos, and any work carried out.
• 3. Discuss Rent Payments: If repairs severely affect your use of the property, discuss a rent reduction with your landlord—putting any agreement in writing.
• 4. Apply to the Tribunal: If your landlord does not carry out essential repairs, you can submit a Repairing Standard Application online to the Housing and Property Chamber.

FAQs: Paying Rent During Repairs in Scotland

1. Do I have to pay full rent if part of my home is unusable during repairs?
   Usually, yes. However, if repairs are extensive and you cannot use critical parts of your home (such as the kitchen or bathroom), you can ask your landlord for a temporary rent reduction. This must be negotiated or requested through the Tribunal if you cannot agree.
2. What if my landlord refuses to fix essential issues?
   If your landlord fails to make necessary repairs, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), using the Repairing Standard Application.
3. Can my landlord ask me to move out while repairs are ongoing?
   Not unless safety requires it or if there is a legal requirement. If you must leave, your landlord should offer alternative accommodation or a reduction in rent, especially for long or major works.
4. If repairs make my flat uninhabitable, do I still pay rent?
   If the property is entirely unfit to live in and you cannot safely stay there, you may be entitled to a full or partial rent abatement. Discuss this with your landlord and seek Tribunal intervention if needed.
5. Is emergency accommodation provided if repairs force me out?
   If your home becomes uninhabitable and your landlord cannot provide alternatives, contact your local council. Councils in Scotland have a duty to assist in cases of homelessness or unsafe living conditions.

Key Takeaways

• Rent must usually be paid during repairs, unless your home is uninhabitable.
• Always discuss rent reductions with your landlord if repairs seriously disrupt your living conditions.
• You can apply to the First-tier Tribunal (Housing and Property Chamber) if repairs are not addressed appropriately.

Renters in Scotland are protected by robust legislation, but communication and documentation are crucial when repairs affect your tenancy.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): For repair applications and rent disputes
• Scottish Government – Private Renting: Tenant Rights: Official guidance and support
• Citizens Advice Scotland – Renting a Home: Free, confidential advice on housing issues
• Contact your local council if urgent repairs render your home uninhabitable or for help with homelessness

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1. Private Housing (Tenancies) (Scotland) Act 2016; Housing (Scotland) Act 2006
2. First-tier Tribunal for Scotland (Housing and Property Chamber)

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