What To Do If Your Landlord Refuses Repairs in Scotland

If you're renting in Scotland, you have the right to live in a home that's safe, wind and watertight, and meets basic standards. But what happens if your landlord ignores your repair requests? This guide explains your options and the official steps to take if your landlord refuses to carry out necessary repairs in Scotland.

Your Landlord's Legal Responsibilities

Under the Private Housing (Tenancies) (Scotland) Act 2016 and the Housing (Scotland) Act 2006, landlords must keep their properties in good repair and comply with the Repairing Standard. This includes:

• Ensuring the property is wind and watertight
• Maintaining water, gas, electricity and heating
• Making sure fixtures, fittings, and appliances supplied are safe and in working order

Landlords must also carry out repairs within a reasonable time after being notified.

What to Do If Your Landlord Refuses Repairs

If you've reported a repair and your landlord hasn't responded or has refused to act, follow these steps to protect your rights:

1. Report the Problem in Writing

Always notify your landlord about needed repairs in writing (email or letter). Be clear about what's wrong and keep copies for your records. This is useful evidence later.

2. Give Your Landlord Reasonable Time

Allow your landlord a reasonable time to arrange the repair. What's considered "reasonable" depends on how serious the problem is. For example:

• Emergency issues (like loss of heating in winter) should be dealt with as soon as possible.
• Less urgent repairs may take a bit longer, but shouldn't be ignored.

3. Escalate the Issue

If your landlord still won't take action, you have several official steps available.

4. Apply to the First-tier Tribunal (Housing and Property Chamber)

If your landlord ignores your repair request, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). This tribunal handles disputes about repairs and other tenancy matters.

Form to Use: 'Repairing Standard Application' Form

• Form name: Repairing Standard Application Form
• When and how to use it: Apply when your landlord fails to carry out repairs after you have given them notice. You will be asked to provide details of the repairs and evidence of your request. Fill in and submit the form directly online or by post.
• Official Repairing Standard Application Form

5. What Happens Next?

The tribunal will review your case and can arrange a property inspection. If the landlord is found at fault, they will issue a Repairing Standard Enforcement Order, legally requiring your landlord to do the repairs.

• If your landlord ignores the enforcement order, they may face criminal charges or be barred from renting properties.

Can Renters Pay for Repairs and Deduct From Rent?

Scottish law does not automatically allow tenants to pay for repairs and deduct the cost from rent. This can only be done if the landlord agrees in writing. Otherwise, use the tribunal route above.

Document Everything

Keep all correspondence, photos, and receipts related to the repairs and your communications. This will help your case if you go to the tribunal.

FAQ: Renters’ Common Questions on Repairs in Scotland

1. What repairs must my landlord do by law in Scotland?
   Your landlord must keep the property safe, wind and watertight, provide working heating, water, and electrical systems, and ensure all fixtures and appliances supplied with the property are safe and usable.
   
2. How do I submit a Repairing Standard Application if my landlord ignores me?
   Download the Repairing Standard Application Form, complete it with details and evidence, and submit it online or by post to the First-tier Tribunal for Scotland (Housing and Property Chamber).
   
3. Do I have to let my landlord into my home to assess repairs?
   Yes, provided you are given reasonable notice. Your landlord must arrange a suitable time and respect your right to privacy.
   
4. What if the disrepair is dangerous or affects my health?
   Highlight urgent health and safety concerns when applying to the tribunal. You can also contact your local council's environmental health team for immediate hazards.
   
5. Can my landlord evict me for complaining about repairs?
   No. It is illegal for a landlord to evict or threaten eviction simply because you asked for repairs or exercised your legal rights.
   

Conclusion: Your Rights and Next Steps

• Landlords in Scotland must keep rental homes in good repair as set out in law.
• If your landlord refuses repairs, document everything, then apply to the tribunal using the official form.
• The tribunal can force your landlord to carry out repairs and protect your rights as a renter.

By following the right process and keeping clear records, you can resolve repair issues and stay protected as a renter in Scotland.

Need Help? Resources for Renters

• Repairing Standard Applications Guidance – Housing and Property Chamber
• Tenants' Rights in the Private Rented Sector – Scottish Government
• Shelter Scotland – Repairs and Bad Conditions Advice
• UK Government Guide: Repairs in Private Renting

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 2006
3. First-tier Tribunal for Scotland (Housing and Property Chamber) – Repairing Standard
4. Repairing Standard Application Form

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