Many tenants in Scotland face delays or uncertainty when essential repairs are needed. This guide explains, in plain language, what the repairing standard requires of landlords, how to report faults, and the practical steps tenants can take if repairs are not made. It covers what evidence to gather, how to communicate clearly with your landlord, the official forms used to apply for a repairing standard enforcement order, and how the First-tier Tribunal handles cases. The focus is on clear, step-by-step actions a renter can follow, with examples that show when to wait for an urgent repair and when to escalate. If you are a tenant or renter in Scotland wanting to insist on safe, habitable housing, these actions will help you protect your rights.
What the repairing standard means in Scotland
The repairing standard sets the minimum condition landlords must meet for private residential tenancies in Scotland under the Private Housing (Tenancies) (Scotland) Act 2016.[1] It covers structure and exterior, installations for water, gas and electricity, heating, ventilation, and sanitation so the home is safe and fit to live in. If a fault makes the property unsafe or seriously affects habitability, landlords must act promptly.
Start by telling your landlord clearly
Always notify the landlord or managing agent in writing so there is a record. A short, dated message describing the defect, its location, and any safety concerns is best. Say whether you consider it urgent and request a reasonable timescale for repair.
- Serve a written notice or email to the landlord with dates and a clear repair request.
- Allow a reasonable deadline for repair, noting any urgent hazards and dates you reported them.
- Keep records: photos, videos and a dated log of calls, visits and receipts.
If the landlord agrees to repair, keep copies of any confirmations and follow up if deadlines are missed. If you are advised to fill a specific form by the landlord or agent, keep a dated copy.
When to apply to the First-tier Tribunal
If the landlord does not carry out repairs within a reasonable time, a tenant can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to seek a Repairing Standard Enforcement Order. The tribunal website explains how to make an application and provides the official application documents.[2]
Official forms you will need
- Application for a Repairing Standard Enforcement Order (see the tribunal "Make an application" page): used to start a tribunal case when a landlord has not fixed an issue. Example: you submit the application after waiting a reasonable time for a leaking roof to be fixed and you include dates of reports and photos.
- Evidence bundle (no single fixed form): include photos, dated messages, repair invoices, and a succinct timeline. Example: attach photos showing ongoing damp, a log of calls, and an email from the landlord promising repairs but with no action.
- Any supporting declaration or witness statement required by the tribunal procedure: these explain your timeline and attempts to resolve the issue before applying.
The tribunal may schedule a case management discussion or hearing. You can ask for reasonable adjustments if you cannot attend in person. If the tribunal finds the landlord has breached the repairing standard it can issue an enforcement order requiring specific repairs within a set timescale.
FAQ
- What is the repairing standard?
- The repairing standard is the set of minimum obligations that private landlords in Scotland must meet so a property is safe, wind and watertight, and in reasonable repair.
- Do I need to give my landlord time to fix the problem?
- Yes. Tenants should give landlords a clear written request and a reasonable time to carry out repairs, except where the defect is urgent and causes immediate danger to health or safety.
- How do I apply to the First-tier Tribunal?
- Make an application using the forms and guidance on the First-tier Tribunal (Housing and Property Chamber) website, attach your evidence bundle, and follow the tribunal's process for case management and hearings.[2]
- What happens if the tribunal orders repairs but the landlord still does not act?
- If a landlord refuses or ignores an enforcement order, the tribunal can provide information about further enforcement routes, which may include court-based enforcement action.
How-To
- Write to your landlord describing the defect, include dates and ask for a reasonable deadline.
- Gather evidence: photos, videos, a dated repairs log and any receipts or correspondence.
- If repairs are not completed, complete the tribunal application form and submit your evidence bundle to the First-tier Tribunal.
- Attend the tribunal hearing or case management discussion and present your timeline and evidence clearly.
- If the tribunal issues an enforcement order, monitor compliance and seek the tribunal's advice on enforcement if the order is ignored.
Key Takeaways
- Always tell your landlord in writing and keep dated copies.
- Document problems with photos, videos and a simple repairs log.
- Use the First-tier Tribunal forms and guidance if repairs are not made.
Help and Support / Resources
- Apply to the First-tier Tribunal (Housing and Property Chamber)
- Repairing standard guidance (Scottish Government)
- Private Housing (Tenancies) (Scotland) Act 2016 (legislation.gov.uk)
