Who is responsible for communal stairs?
Under Scottish tenancy law the landlord normally has the primary duty to keep shared parts of a tenement, including communal stairs, in a reasonable state of repair. The Private Housing (Tenancies) (Scotland) Act 2016 sets out core rights and obligations for modern private tenancies and affects how repairs and access should be handled by landlords and tenants [1]. If a landlord does not act, the First-tier Tribunal for Scotland (Housing and Property Chamber) can consider applications about repairs and safety [2].
Common hazards and immediate steps
Look for defects that create trip or fall risks and act quickly. Common issues include loose handrails, broken treads, inadequate lighting and blocked stairways.
- Report damaged handrails, loose treads or missing nosings to your landlord or managing agent immediately.
- Keep communal stairways free of personal belongings, bikes and rubbish that could block escape routes.
- Take dated photos and keep a short log of hazards and any contact with the landlord as evidence.
What to do if stairs are unsafe
Follow a clear sequence so you have evidence and meet legal timeframes. Start by alerting the landlord in writing (email or letter), request a repair and set a reasonable timescale. If the situation is urgent, make that clear and ask for immediate action.
- Report the defect in writing, describing the hazard, where it is, and the date you reported it.
- Keep copies of messages, photos and any receipts if you pay for a temporary fix.
- Allow reasonable access for inspections and repairs but request written confirmation of any appointments.
Official forms and tribunals
Key official routes include a landlord-issued notice for ending a tenancy in some cases (for possession or other grounds) and applications to the First-tier Tribunal (Housing and Property Chamber) for enforcement of repairs or safety orders. Detailed statutory rights for private tenancies are in the Private Housing (Tenancies) (Scotland) Act 2016 [1]. Guidance and official application forms for the tribunal, including repairing standard and other enforcement applications, are available from the tribunal website [2]. There is also Scottish Government guidance on statutory notices such as "notice to leave" for tenancy endings and related procedures [3].
FAQ
- Who pays for repairs to communal stairs?
- The landlord is usually responsible for repairs to shared common parts, but tenants should report issues promptly and may be responsible for damage they or their visitors cause.
- How long should I wait for a repair?
- Reasonable timescales depend on urgency: immediate safety hazards require prompt action; non-urgent issues should be progressed in line with your tenancy terms and Scottish guidance.
- What if the landlord ignores repair requests?
- Keep all evidence and consider applying to the First-tier Tribunal for Scotland (Housing and Property Chamber) to seek an order requiring repairs.
How-To
- Contact your landlord or managing agent by phone to report the issue and follow up in writing.
- Send a clear written report (email or letter) with photos, location details and a requested timescale for repair.
- Gather evidence: dated photos, messages, witness names and any receipts for temporary fixes.
- If the landlord does not act, prepare and submit the appropriate application form to the First-tier Tribunal (Housing and Property Chamber).
- Attend any tribunal hearing or provide written evidence if you cannot attend, and follow any tribunal orders about repairs.
Key Takeaways
- Landlords normally must keep communal stairs safe and in repair.
- Document hazards with photos and written reports to build your case.
- If repairs are not made, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
- Scottish Government: Notice to Leave guidance
