Tenant Rights for Unsafe Housing in Scotland: What Can You Do?

If you rent a property in Scotland and your home is unsafe or poorly maintained, you are entitled to expect a basic standard of housing. Understanding your rights as a tenant can help you take effective action when your landlord does not address issues that affect your health or safety.

Recognising Unsafe Housing in Scotland

Every rented property in Scotland must meet legal housing standards. These include being wind and watertight, having safe gas and electrical installations, working smoke and heat alarms, and being free from serious hazards like damp, mould, or structural defects. Landlords are legally responsible for ensuring these standards are met, as set out in the Private Housing (Tenancies) (Scotland) Act 2016 and the Repairing Standard Enforcement Order legislation¹.

• Severe damp or mould
• Broken heating, hot water, or sanitation
• Unsafe or faulty wiring and gas appliances
• Problems with fire safety – e.g. missing smoke alarms
• Threat to structural safety (e.g., dangerous stairs, roofs, windows)

Unsure if your home is unsafe? The Shelter Scotland housing standards page offers a helpful checklist.

Your Landlord's Legal Responsibilities

Scottish landlords must keep rented homes to the 'repairing standard', meaning the property is fit for people to live in. This includes:

• Regular checks of gas, electrical, and fire safety equipment
• Prompt repairs when notified of issues
• Meeting standards for heating, hot water, and overall habitability

The law covers most tenants with a 'private residential tenancy' (PRT), and similar duties exist in social housing.

Steps to Take if Your Home Is Unsafe

Don't ignore unsafe conditions. Acting promptly protects your rights and well-being:

1. Gather Evidence: Take clear photos of the issues, keep a diary of when problems arise, and store any correspondence with your landlord.
2. Report Problems in Writing: Notify your landlord or letting agent in writing, describing the hazard and how it affects you.
3. Give a Reasonable Time for Repairs: Landlords usually get up to reasonable notice for non-emergency repairs, but urgent issues (like no heating in winter) require swifter action.

If the Landlord Doesn’t Act: Involving Authorities

If your landlord doesn’t carry out necessary repairs, you have the right to escalate:

Contact the Council

Your local council’s Environmental Health team can inspect your home and may order your landlord to address serious hazards or breaches of housing standards. Find your local authority contact on the Scottish Government's council listing.

Using the First-tier Tribunal for Scotland (Housing and Property Chamber)

The First-tier Tribunal for Scotland (Housing and Property Chamber) is the dedicated body for resolving disputes about unsafe housing or unresolved repairs.

• Tenants can apply to the Tribunal if their landlord does not meet the 'repairing standard'.
• The Tribunal has legal power to order repairs and improvements.

Applying to the Tribunal: Relevant Form

• Form Name: Application to the First-tier Tribunal Housing and Property Chamber (Repairing Standard)
• When and How to Use: Use this form if your landlord has failed to carry out necessary repairs after you’ve given them reasonable time and written notice. For example, if you reported unsafe electrics but nothing was done, you could use this form to ask the Tribunal to order repairs.
• Official Source: Application to the Tribunal: Repairing Standard Form

Submit the completed form with supporting evidence by post or email as instructed on the official Housing and Property Chamber repairing standard page.

Key Legislation for Scottish Renters

• Private Housing (Tenancies) (Scotland) Act 2016 – covers most private tenancies²
• The Repairing Standard (Scotland) Regulations 2019 – details landlord standards³

FAQs: Unsafe Housing and Renters’ Rights in Scotland

1. What should I do if my landlord ignores serious repair problems?
   Send them a written request first. If there’s no response, contact your local council’s Environmental Health team and consider applying to the First-tier Tribunal for Scotland (Housing and Property Chamber). Keep records of all communication.
2. Can my landlord evict me for asking for repairs?
   No. It’s illegal for a landlord to evict or threaten a tenant for requesting repairs. This could be classed as a "retaliatory eviction." If you’re worried, seek advice from a free service such as Shelter Scotland.
3. What evidence should I provide with my tribunal application?
   Include photographs, dated letters or emails, copies of reports (e.g. Environmental Health), and any notes of conversations.
4. Do housing standards apply to all types of rents?
   Most private and social tenancies are covered. If you’re unsure, check your contract and the official Housing and Property Chamber guidance.
5. How long should repairs take?
   It depends on the urgency. Emergency repairs (like no heating in winter) should be fixed quickly—ideally within 24 hours. Less urgent issues may take longer, but landlords must act within a reasonable time.

Conclusion: Your Rights and Next Steps

• Your landlord is required by Scottish law to keep your home safe and habitable.
• If serious hazards are ignored, you can get help from your local council or apply to the Housing and Property Chamber.
• Gather evidence and know that requesting repairs is your right, not a favour.

By understanding these protections, you can take confident steps to ensure your home meets Scotland’s legal standards.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Resolve private renting and repairs disputes
• Shelter Scotland: Free housing advice and support helpline
• mygov.scot repairs and standards guide: Official Scottish Government renter information
• Contact your local council's Environmental Health team for inspections and enforcement help

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1. Repairing Standard Enforcement Order: housingandpropertychamber.scot
2. Private Housing (Tenancies) (Scotland) Act 2016: legislation.gov.uk
3. The Repairing Standard (Scotland) Regulations 2019: legislation.gov.uk

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