Repairs Causing Damage in Rented Scottish Homes: Your Rights

When repairs are carried out in Scottish rented properties, they should improve your living situation—not make it worse. But what if repairs end up causing damage to your home or belongings? Knowing your rights and responsibilities is crucial if you find yourself in this situation. This article explains what Scottish renters need to do when repairs go wrong, what legal protections exist, and how the process works under Scottish tenancy law.

What if Repairs Cause Damage in Your Rented Home?

Landlords have a legal obligation to keep your home in good repair under the Private Housing (Tenancies) (Scotland) Act 2016 and the Repairing Standard requirements. But sometimes, the repair process can accidentally damage your property, contents, or disrupt your peace and comfort. This can happen due to:

• Accidental breakage during repair work (e.g., cracked tiles, broken lights)
• Damage to your personal possessions by tradespeople
• Unfinished or poor-quality repairs causing further problems
• Leaks or flooding resulting from maintenance errors

If this happens, don't panic. There are specific steps and support in place for Scottish renters.

Your Rights and Landlord Responsibilities

• Duty to Repair: Landlords must maintain the structure, exterior, and essential services of the property, as outlined in the Repairing Standard.
• Reinstatement: If repairs cause damage, your landlord is usually responsible for restoring the property to its original state.
• Protection of Belongings: If your possessions are damaged, you may be entitled to compensation (either directly from your landlord or via their insurance).

These rights exist whether you have a Private Residential Tenancy, an assured, or a short assured tenancy under the Housing (Scotland) Act 1988.

What Should You Do If Repairs Cause Damage?

To resolve issues quickly and protect your rights, follow these steps:

• Document Everything: Take photos and make dated notes of all damage.
• Contact your landlord in writing (email or letter) to report the issue and request repairs or compensation.
• Keep copies of all correspondence, including any quotes for damaged items.

• If your landlord fails to respond or resolve the matter, seek advice and consider a formal complaint.
• If belongings are damaged, check your own contents insurance and ask if the landlord’s insurance covers the incident.
• If the property itself is not reinstated, you can escalate the issue to the official housing tribunal in Scotland.

Applying to the Housing and Property Chamber

The First-tier Tribunal for Scotland (Housing and Property Chamber) is responsible for resolving disputes between tenants and landlords about repairs and property standards.

• If your landlord won’t fix repair-caused damage, you can apply to the Housing and Property Chamber to enforce your rights or seek compensation.

Relevant Official Forms and How to Use Them

• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) – Repairing Standard:
  Repairing Standard Application Form
  This form allows you, as a tenant, to report that your landlord has not met their repairing obligations, including where repairs have caused further damage.
  Example: If your landlord's repair led to water leaking and damaging your floors, fill out this form and submit it to the Tribunal along with photo evidence and correspondence. The Tribunal can then order your landlord to remedy the problems.

Submit the form via post or email as detailed on the official Housing and Property Chamber applications page.

FAQ: Repairs, Damage, and Scottish Renter Rights

1. What can I do if repair workers damage my personal property?
   Your first step is to inform your landlord in writing, with clear evidence. Ask them to compensate or repair the damage. If they refuse, you may claim under their insurance, your own contents policy, or apply to the First-tier Tribunal for a resolution.
2. Does my landlord have to repair damage caused by their contractors?
   Yes, landlords are responsible for any damage caused by repair work and must return the property to the same or better condition. If they don't, you can escalate the issue.
3. What should I include when applying to the Housing and Property Chamber?
   Include your completed form, evidence (photos, emails, receipts), and any communications with your landlord. The more detailed your submission, the better.
4. How long does the Tribunal process take?
   It varies, but you will usually be contacted within a few weeks after submission. The Tribunal will give both you and your landlord the opportunity to explain your side before making a decision.
5. Can the Tribunal order compensation for me?
   The Tribunal can order repairs to be made or specific actions to be taken. For compensation claims, you might also need to pursue this separately, for example, through civil court if necessary.

Key Takeaways: What to Remember

• If repairs cause damage, document the problem and notify your landlord in writing
• Your landlord must restore your property and may have to compensate you for losses
• If issues aren’t fixed, the First-tier Tribunal for Scotland can help enforce your rights

Stay organised and seek official advice early if you're struggling to resolve a damage-related issue arising from repairs.

Need Help? Resources for Renters in Scotland

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Official dispute resolution service for rented property issues
• Shelter Scotland – Free advice and support for renters
• Mygov.scot Tenant Rights – Information on all aspects of renting in Scotland
• Contact your local council’s housing advice team for additional support

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Shelter Scotland – Get Help
5. Repairs and your rights as a tenant (mygov.scot)

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