If your rented home in Scotland has a window that won’t stay closed, loose balustrade, or a balcony that seems unsafe, you have clear rights as a tenant or renter and practical steps to follow. Landlords must keep structure and safety items in repair and tenants should raise concerns in writing, gather evidence and use the official routes if the landlord does not act. This page explains what landlords must do under Scottish law, the practical forms and contacts you may need, and step-by-step actions to protect your household while keeping records that help if you need tribunal or council action.
What Scottish landlords must do
Landlords are responsible for ensuring windows, doors, terraces and balconies are safe and maintained under the Private Housing (Tenancies) (Scotland) Act 2016[1]. That means fixing rotten frames, loose handrails, defective glazing, faulty restrictors on windows above ground level, and any structural balcony defects that create a hazard.
- Ensure windows and balcony structures are safe and free from serious defects.
- Carry out timely repairs and preventative maintenance to stops leaks, rot and corrosion.
- Keep clear records and provide written responses when a tenant reports a safety issue.
How to raise concerns and gather evidence
Start by notifying your landlord in writing and keep a dated copy. If the problem is urgent and dangerous, tell them immediately and consider contacting your local authority building standards or environmental health for an inspection.
- Contact the landlord or managing agent first by phone, then follow up in writing.
- Serve a written request describing the problem, the location, and the risk, and ask for a timescale for repair.
- Collect dated photos, videos and measurements showing defects and unsafe conditions.
- If there is an immediate safety risk, ask your local authority for an inspection of building standards.
Official forms and when to use them
If a landlord does not repair a safety defect you can use official routes. Tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a repairing standard enforcement order or contact local authorities for urgent building safety concerns. The tribunal site and the Scottish Government guidance explain the forms and what evidence to include[2][3].
- Application to the First-tier Tribunal for a Repairing Standard enforcement order — use this when a landlord refuses or delays necessary safety repairs; include copies of written requests, photos and any inspection reports.
- Local authority building standards or environmental health request — use this for immediate structural danger or where building standards may have been breached, for example a dangerously loose balcony balustrade.
What to expect from the tribunal
The First-tier Tribunal (Housing and Property Chamber) can order the landlord to carry out repairs and set timescales. If the tribunal grants an enforcement order, the landlord must comply or face further enforcement action. The tribunal process requires clear evidence and records of communications.
FAQ
- Who is responsible for window and balcony safety?
- The landlord is responsible for structural safety and repairs under the Private Housing (Tenancies) (Scotland) Act 2016 and associated standards; tenants should report defects in writing and keep evidence.
- What can I do if my landlord won’t fix a dangerous balcony?
- Ask your local authority for an inspection if it is dangerous, and consider applying to the First-tier Tribunal for a repairing standard enforcement order with supporting evidence.
- Can a landlord enter my home to carry out safety repairs?
- Landlords have the right to reasonable access for repairs if given proper notice in line with the tenancy agreement; urgent repairs may allow earlier access but tenants must be given reasonable notice where possible.
How-To
- Write to your landlord describing the defect, the risk, and the date you reported it, and keep a copy of the message.
- Gather evidence: take dated photos, videos and notes showing when the hazard was noticed and any communications.
- If there is structural danger, ask your local authority for an inspection and record their response.
- If the landlord does not act, apply to the First-tier Tribunal (Housing and Property Chamber) for a repairing standard enforcement order with your evidence.
Key Takeaways
- Landlords must keep windows and balconies safe and carry out necessary repairs.
- Keep dated photos and written records of all reports and responses.
- Use official tribunal forms if the landlord fails to act after reasonable notice.
Help and Support / Resources
- First-tier Tribunal (Housing and Property Chamber)
- Scottish Government housing and repairing standard guidance
- Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
