Renters in Scotland who live in tenement flats often rely on shared stairways, roofs, close lighting and drains that need regular upkeep. This guide explains tenants' practical rights when common areas need repair, how responsibility is split between landlords and property factors, and what steps to take if work is not done. It covers the Scottish repairing standard, official enforcement routes, how to use the First-tier Tribunal for Scotland (Housing and Property Chamber), and the forms and evidence you will need. The language is plain and aimed at tenants and renters so you can act confidently, keep records, and protect your living conditions in Scotland.
Who is responsible for common areas?
In most tenements the landlord or the property factor (sometimes called a factor or management company) is responsible for maintaining shared close areas, roofs, gutters and communal drains. The Private Housing (Tenancies) (Scotland) Act 2016 sets the repairing standard that landlords must meet[1]. If the landlord or factor does not arrange repairs, tenants can seek enforcement through the First-tier Tribunal for Scotland (Housing and Property Chamber)[2].
How to report a repair and collect evidence
Start by notifying your landlord or factor in writing, describing the problem, where it is, and asking for a reasonable timescale to fix it. Keep a copy of all messages and any replies. If the issue affects safety or causes damage, tell them immediately and follow up in writing.
- Keep a clear record: dates, photos, videos and a simple repairs log.
- Report the repair in writing and ask for an estimated completion time so you have a clear deadline.
- If the problem risks safety or property damage, phone your landlord or factor and follow up with written confirmation.
- If the landlord or factor does not act, make an application to the First-tier Tribunal for Scotland (Housing and Property Chamber) to enforce the repairing standard.
Official forms and when to use them
When informal reporting does not work, the main official form tenants use is the Tribunal application to enforce the Repairing Standard. The form is commonly described as the "Application under the Repairing Standard" (no single national form number is used) and is available from the First-tier Tribunal for Scotland (Housing and Property Chamber) website[2]. Example: if persistent damp in the close causes water ingress and your landlord does not repair within reasonable time, you would complete the Tribunal application, attach your photos, written requests and dates, and submit the bundle the Chamber requests.
What the Tribunal can order
The Tribunal can decide whether the repairing standard is being met and can issue an enforcement order requiring the landlord or factor to complete specified works. The Tribunal process usually asks for an application, supporting evidence and may lead to a hearing or a paper decision. If an enforcement order is issued, the Tribunal can set timescales and monitor compliance.
Key steps if a repair is delayed
- Collect clear evidence: photos, messages and a dated log of the problem.
- Send a written report to the landlord or factor and request a reasonable completion date.
- If there is no satisfactory response, apply to the First-tier Tribunal with your evidence.
FAQ
- Who pays for repairs to tenement common areas?
- Generally the landlord or the property factor is responsible for communal repairs; tenants pay only for damage they cause. Where responsibilities are unclear, check your tenancy agreement and any factor arrangements, and seek Tribunal advice if needed.
- Can a landlord enter my flat to do common-area repairs?
- A landlord must give reasonable notice before entering your home for repairs unless there is an emergency. For communal repairs that do not require entry to your flat, access is normally managed without entering private flats.
- How long does a Tribunal application take?
- Timescales vary. The Tribunal may request documents, consider evidence on paper, or hold a hearing. A straightforward paper decision can be quicker, while contested cases with hearings take longer.
How-To
- Check your tenancy agreement and contact details for the landlord or factor so you know who is responsible.
- Report the issue in writing, set a reasonable deadline, and keep a copy of the message.
- Gather evidence: dated photos, videos, receipts and a repairs log to show the problem and your attempts to resolve it.
- If the landlord does not act, complete the Tribunal application for the repairing standard with your evidence and submit it 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
- Scottish Government housing and tenancy guidance
