Who Pays for Health & Safety Repairs in Scottish Rented Homes?

If you rent a home in Scotland, it’s important to know who is responsible for keeping your property safe and in good repair. Questions about damp, unsafe electrics, heating, or fire safety can be confusing, especially if you’re unsure about your rights and your landlord’s legal duties. This guide explains, in plain language, who must pay for health and safety repairs under Scottish law, what steps to take if repairs aren’t done, and how to get support if things go wrong.

Your Landlord’s Legal Responsibilities

Scottish law clearly states that landlords must ensure rental properties are safe, secure, and fit to live in. This includes meeting all health, safety, and fire regulations. Landlords cannot ask tenants to cover the cost of repairs that are needed to bring the property up to legal health and safety standards.

• Gas and electrical safety: Landlords must arrange annual gas safety checks and five-yearly electrical safety reports. They must also repair faulty wiring, appliances provided by the landlord, and gas installations.
• Fire safety: Landlords must install smoke alarms, carbon monoxide detectors, and ensure escape routes are clear and safe.
• General repairs: Landlords should fix problems like damp, mould, leaking roofs, or broken heating systems if they affect health or safety.

These duties are set out in the Private Housing (Tenancies) (Scotland) Act 2016 and supported by the Repairing Standard regulations.¹

What Are Tenants Responsible For?

Tenants in Scotland are generally responsible for:

• Keeping the home reasonably clean and tidy
• Repairing damage they or their guests cause (accidents, carelessness, or neglect)
• Minor day-to-day tasks, like changing light bulbs or replacing batteries in provided alarms

If the repair is needed because of normal wear and tear or is related to health and safety, the landlord must pay and arrange for the work.

How to Report Repairs Needed

Always tell your landlord or letting agent about any repairs or safety concerns in writing (email is best). Give details of what’s wrong and keep a copy of your message. If the issue is urgent—such as a heating failure or a broken lock—let them know this right away.

What If Your Landlord Doesn’t Act?

If your landlord does not carry out essential health and safety repairs, you have the right to escalate your concern:

• Follow up in writing to remind your landlord of their legal obligations.
• Apply to the First-tier Tribunal (Housing and Property Chamber) for Scotland if repairs are not made.

You do not need to pay for these repairs yourself, except in emergencies where you cannot contact your landlord and the repair is essential (for example, a burst pipe). In those rare cases, keep receipts and communicate with your landlord immediately.

Official Forms and How to Use Them

• Repair Application Form (Housing and Property Chamber)
  When to use: If your landlord will not carry out repairs that affect your health, safety, or basic living standards.
  How to use: Complete the Application Form: Repairing Standard Case specifying the repairs needed and your attempts to resolve them. Submit to the Tribunal as described on the official website.
  Practical example: You have reported dangerous mould and failed electrics to your landlord, but nothing has been done. You gather your written and photo evidence, fill in the application form, and submit it to the Tribunal.

The First-tier Tribunal (Housing and Property Chamber) for Scotland is the official tribunal dealing with disputes about repairs and landlord obligations in rented homes.²

Legislation That Protects You

Your rights and responsibilities are guided by key Scottish laws, including:

• Private Housing (Tenancies) (Scotland) Act 2016
• Repairing Standard Regulations (2006)

These laws make it clear that landlords must provide safe homes and address health and safety repairs promptly.

FAQ: Health & Safety Repairs in Scottish Rented Homes

1. Can my landlord make me pay for health and safety repairs?
   No. Under Scottish law, it is the landlord's responsibility to pay for repairs that ensure the property meets health and safety standards, such as fixing electrical issues, damp, or fire alarms.
2. What should I do if my landlord ignores my repair request?
   You should first remind your landlord in writing. If there is still no action, you can apply to the First-tier Tribunal (Housing and Property Chamber) using their Repair Application Form.
3. Am I responsible for any repairs at all?
   Tenants need to keep the property clean, tidy, and repair any damage they've caused, but not issues due to wear and tear or safety hazards.
4. Do I need permission to repair urgent hazards myself?
   If it's an emergency and you can't contact your landlord, you may arrange the repair and claim the cost back. Always keep receipts and evidence, and inform your landlord immediately.
5. Where can I get help if I’m unsure of my rights?
   You can contact Shelter Scotland, Citizens Advice Scotland, or apply to the Housing and Property Chamber for free advice and support (see resources below).

In Summary: What Renters in Scotland Should Know

• The law says landlords are responsible for health & safety repairs.
• Tenants should report issues in writing and keep evidence.
• If repairs are not done, renters can apply to the Housing and Property Chamber for a resolution.

Knowing your rights helps keep your home safe and ensures you are not unfairly charged for repairs a landlord must handle.

Need Help? Resources for Renters

• First-tier Tribunal (Housing and Property Chamber) for Scotland – Free independent dispute resolution for repairs and tenancy issues
• Shelter Scotland Repairs Advice – Clear advice and step-by-step guidance for tenants
• Citizens Advice Scotland – Repairs in Rented Housing
• Scottish Government: Tenants’ Rights and Responsibilities

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1. See Private Housing (Tenancies) (Scotland) Act 2016, sections covering landlord duties.
2. First-tier Tribunal (Housing and Property Chamber) for Scotland official site, including Repair application process.

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