If you rent a home in Scotland and your landlord says energy-efficiency or EPC improvement works are mandatory, you still have important rights. This guide explains what a tenant or renter can expect before work starts, including clear information, reasonable access arrangements, privacy, safe living conditions and protection from unfair treatment. It also covers disruption, temporary moves, rent changes, repair duties and what to do if the work is not completed properly. Scotland’s rules differ from those in England, Wales and Northern Ireland, so the tenancy type and the exact legal requirement matter. Keep written records, ask questions early and use the official complaint or tribunal routes if you cannot resolve a problem directly.
What EPC improvement works mean in Scotland
An Energy Performance Certificate (EPC) gives a property an energy-efficiency rating and recommendations for improvement. A landlord must generally provide an EPC when a property is marketed for rent and give the tenant access to it. However, tenants should not assume that every recommendation is automatically a legal order to carry out work. The current requirement may depend on the property, the tenancy, an improvement notice, funding condition, building standard or a future regulation.
Ask your landlord to identify the legal or contractual basis for the proposed work, the expected EPC benefit, the timetable and who will pay. You can check the Scottish Government’s EPC information and the relevant rules using footnote [1].
Your rights before work begins
Your landlord should give practical information about the work and make reasonable arrangements for access. Check your tenancy agreement for entry terms, but remember that an agreed appointment is usually better than an unexpected visit. You can ask for the names of contractors, working hours, areas affected, expected noise, dust control, security arrangements and how your belongings will be protected.
- Agree appointment dates and times in writing where possible.
- Ask how keys, locks, alarms and privacy will be managed during entry.
- Record the home’s condition with dated photographs before work starts.
- Give the landlord a safe way to contact you about delays or urgent problems.
Landlords must not use improvement works as a reason to harass you or enter without following the applicable tenancy and legal requirements. If you have a disability, health condition, young children or other circumstances affected by the work, explain this early and request reasonable adjustments to the arrangements.
Access, privacy and disruption
Reasonable access may be needed to inspect, install or test energy-efficiency measures, but access should be arranged fairly and used only for a proper purpose. A landlord or contractor should not treat your home as freely available. If a proposed appointment is unsafe or impossible, explain why promptly and suggest an alternative.
Ask whether rooms must be cleared, whether heating or water will be interrupted, and whether you need to leave during noisy or hazardous work. The landlord should take reasonable steps to keep the property secure, minimise dust and restore affected areas. If the home becomes unsafe or unusable, ask in writing about temporary accommodation, storage, costs and rent arrangements before leaving.
Repairs, safety and the repairing standard
In Scotland, the landlord’s duties include meeting the repairing standard and keeping the property wind and watertight, reasonably fit for human habitation and adequately heated, insulated and ventilated where the law requires. EPC work does not remove the landlord’s responsibility to repair damage caused by the work or to deal with unrelated urgent defects.
- Report failed heating, water leaks, exposed wiring, damp, mould or unsafe access immediately.
- Do not use equipment or rooms that a contractor has identified as dangerous.
- Keep copies of repair reports, contractor messages, receipts and photographs.
- Record when you reported a defect and when the landlord promised a response.
If the landlord does not fix a qualifying problem after you report it, you may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) using its repairing-standard application process. It is not a small-claims court form with a universal number; use the tribunal’s current online application guidance and form. You can find the official route at footnote [2].
Rent, costs and temporary relocation
A landlord cannot simply add the cost of EPC work to your rent because work has taken place. For a private residential tenancy, a proposed rent increase must follow the statutory process and use the prescribed rent-increase notice, commonly called Form 4. The notice should give the required information and notice period. If you believe the proposed rent is above the open-market level, you can ask Rent Service Scotland for a referral to the tribunal within the applicable deadline.
Do not stop paying rent without legal advice just because works are disruptive or incomplete. Instead, keep evidence of the problem and ask for a written agreement about any rent reduction, compensation, hotel costs or storage costs. A landlord may agree to cover reasonable costs, but you should obtain the agreement before spending money where possible.
- Check whether a proposed payment is rent, a deposit, a fee or reimbursement.
- Read every rent increase notice and keep the envelope or delivery record.
- Check the response deadline before challenging a rent increase.
Eviction and protection from unfair treatment
Improvement works do not automatically end a Scottish private residential tenancy. If your landlord wants you to leave, they must use the correct legal process, including a valid Notice to Leave where required and a tribunal application if you do not leave. A notice may be challengeable if it is invalid, gives the wrong notice period or relies on facts that are not established.
Keep any notice, envelope, email and messages. Do not ignore a tribunal notice or assume that moving out is the only option. Retaliatory or discriminatory conduct may raise separate legal issues, especially if you have complained about repairs, safety or discrimination. Get advice quickly if you feel pressured to leave.
What official forms may be relevant
The correct form depends on what is happening, not simply on the fact that an EPC is involved. These are the main tenant-facing documents to check:
- Form 4, rent-increase notice: your landlord uses the prescribed notice to propose a rent increase for a private residential tenancy, and you can use the information on it to consider a referral about the proposed rent.
- Notice to Leave: a landlord uses this prescribed notice to seek possession from a private residential tenancy; for example, it may be served if the landlord claims the property must be recovered for a stated legal ground.
- First-tier Tribunal repairing-standard application: a tenant can complete the tribunal’s current application form or online process where the landlord has failed to meet the repairing standard after being given a reasonable opportunity to act.
Use the latest official versions rather than relying on an old downloaded copy. The Private Housing (Tenancies) (Scotland) Act 2016 is the main legislation for most modern private residential tenancies, while repairing-standard applications also involve the Housing (Scotland) Act 2006. Official legislation is listed at footnote [3].
How to challenge unsafe or poorly managed works
Start by writing to the landlord or letting agent with a short description of the issue and the outcome you want. If the work creates an immediate danger, contact the relevant local authority service or emergency service as appropriate. For a repairing-standard problem, the tribunal can consider evidence such as correspondence, photographs, inspection reports and contractor records.
- Keep the EPC, work specification, notices, tenancy agreement and all messages together.
- Report defects promptly and allow a reasonable opportunity for the landlord to investigate and repair them.
- Use the current official tribunal application process if the repairing-standard issue remains unresolved.
- Attend any hearing or comply with tribunal directions by the stated deadline.
Frequently Asked Questions
- Can my landlord make me pay for EPC improvement works?
- Not automatically; the cost of works does not by itself allow a landlord to add a charge to your rent, and any rent increase must follow the legal process.
- Can my landlord enter my home whenever contractors are available?
- No; access should be for a proper purpose and arranged in line with the tenancy and applicable legal requirements.
- What if the work leaves my home cold, damp or unsafe?
- Report the problem promptly, keep evidence and ask the landlord to restore the property, while considering the repairing-standard tribunal process if it is not resolved.
- Can EPC works force me to leave my tenancy?
- Not automatically; a landlord must follow the legal process for ending a Scottish private residential tenancy.
How-To: respond to proposed EPC works
- Ask for the work plan, legal basis, contractor details, timetable and expected disruption.
- Agree reasonable access arrangements and request adjustments for health, disability or family needs.
- Photograph the property and save the EPC, notices, messages and receipts.
- Report damage or loss of heating, water, ventilation or security in writing.
- Use the official tribunal or local authority route if the landlord does not resolve a qualifying problem.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Scottish Government private residential tenancy guidance
- Scottish Government landlord repair guidance
- Scottish Government energy-efficiency information
