Who is usually responsible?
Landlords must keep privately rented properties in Scotland to the required standards under the repairing rules; tenancy terms are set out by the Private Housing (Tenancies) (Scotland) Act 2016[1] and the repairing standard is set out in the Housing (Scotland) Act 2006[2]. Responsibility depends on where the fault is: internal pipes and fittings inside your home are usually the landlord's responsibility, while public mains and sewers are managed by the public sewer provider. Shared drains in tenements or communal areas can be the responsibility of the owner, factor or landlord depending on title deeds or lease arrangements.
Typical responsibilities
- Landlord: internal plumbing, blocked sinks inside the flat, leaking radiators and faults that affect habitability.
- Owner or property factor: shared drains, common close drain runs and external pipework serving more than one household.
- Public sewer provider: mains sewer defects or sewer blockages outside the property boundary that cause flooding or backflow.
How to report a problem
Start by contacting your landlord in writing, describe the problem clearly, attach photos and set a reasonable deadline for a response. If the fault is urgent (flooding, gas/water leak, sewage backflow) make the urgency clear and follow up by phone if necessary. If the landlord does not act, you may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for enforcement of the repairing standard.[3]
What to include in a written repair request
- Date, exact address and your contact details.
- Clear description of the fault, photos and how it affects your use of the property.
- A clear request for a response by a reasonable deadline, for example within 7 days for urgent leaks.
Official forms and when to use them
There are official legal sources and application forms to rely on if a landlord will not carry out repairs.
- Private Housing (Tenancies) (Scotland) Act 2016: refers to tenancy arrangements and obligations for private residential tenancies; consult it when checking what your tenancy permits and requires.[1]
- Housing (Scotland) Act 2006: contains the repairing standard that landlords must meet; use this when considering enforcement options.[2]
- First-tier Tribunal (Housing and Property Chamber) application forms and guidance: use the tribunal application to request enforcement of the repairing standard. For example, if a landlord fails to fix a persistent sewage leak you can apply for an order requiring repairs and for reasonable expenses to be paid.
Costs, emergency repairs and when tenants may act
Landlords normally pay for repairs. Tenants should not withhold rent as a substitute for arranging repairs. In genuine emergencies where immediate action is needed and the landlord cannot be reached, a tenant may arrange a temporary, reasonable repair and keep receipts to claim reimbursement later, but do not undertake permanent alterations without written permission.
Examples
- A burst pipe inside a flat: landlord responsibility; notify immediately and request an attendance within hours.
- A blocked public sewer causing backflow: contact the public sewer provider and inform your landlord.
- A blocked communal drain in a tenement: raise the issue with the landlord or factor; if ignored, consider tribunal enforcement.
FAQ
- Can I call a plumber if my landlord does not answer?
- If it is an emergency affecting safety or habitability, you can arrange a temporary repair, keep receipts and inform your landlord; for non-emergencies, make a written request and allow reasonable time.
- How long should I wait for a repair?
- There is no fixed national timeout, but reasonable times depend on the fault: hours for dangerous or flooding leaks, days for major heating issues, and weeks for minor problems; record your requests.
- What evidence does the tribunal want?
- The tribunal will expect copies of written repair requests, dated photos, and records of any communications with the landlord or service providers.
How-To
- Write to your landlord describing the fault, include photos and set a reasonable deadline.
- If there is no response, gather your records: messages, photos, receipts and dates.
- Contact the relevant public service (for example the public sewer provider for mains/sewer issues) and keep their incident number.
- If the landlord still does not act, complete the tribunal application form and attach your evidence.
- Attend any tribunal hearing or provide written statements if requested and follow the tribunal's directions.
Key Takeaways
- Landlords must meet the repairing standard; tenants should ask in writing and keep records.
- Public sewer providers handle mains and sewers outside the property boundary; notify them for off-property issues.
- If repairs are ignored, the First-tier Tribunal can enforce repairs and award reasonable expenses.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Scottish Government guidance on private tenancies
- Scottish Government information on the repairing standard
