Your Rights as a Renter: Housing Standards in Scotland

If you rent a home in Scotland, knowing your rights under Scottish housing standards law is key to feeling secure. The law sets clear standards for privately rented properties, aiming to ensure homes are safe, healthy, and well maintained. This guide explains what landlords must provide, your rights if problems arise, and the steps you can take—including official forms and how to access the First-tier Tribunal for Scotland (Housing and Property Chamber).

What Are Housing Standards for Tenants in Scotland?

Scottish law requires all private rented homes to meet the repairing standard. This means your home must be wind and watertight, fit to live in, with proper installations for heating, water, gas, and electricity. Landlords are obliged to keep your property in good repair throughout your tenancy, not just at the start.

• Safe and working installations for water, gas, heating, and electricity
• Structural stability and freedom from rising damp or mould
• Functional fire, smoke, and carbon monoxide alarms
• Home security (such as locks on windows and doors)

These requirements are set by the Housing (Scotland) Act 2006 and further detailed in later regulations.^[1]

What Should You Do If Repairs Are Needed?

Every tenant has the right to request repairs—your landlord must act within a reasonable time. Start by informing your landlord or letting agent in writing (email is fine). Keep a copy of your message for your records.

• Describe the issue clearly (e.g., "the boiler isn't working," or "the window won't close")
• Ask for a timeline for repair
• Follow up if you receive no response after a reasonable period (usually 1-2 weeks)

If your landlord fails to carry out the necessary repairs, you may be able to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).

How to Apply to the Tribunal: The 'Repairing Standard Application'

If issues remain unresolved, you can fill out the official Repairing Standard Application Form (Form: RST1). This form is used to ask the Tribunal to decide if your landlord has failed to meet the repairing standard. The Tribunal can order your landlord to take action or make repairs.

• When to Use: If repairs are needed and your landlord has not acted after written notice.
• How to Use: Gather evidence (photos, correspondence), complete the RST1 form and submit it—with supporting documents—by post or email to the Housing and Property Chamber.

Official Tribunal: All cases are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber).

Other Key Repairs Forms and When to Use Them

• Notice to Leave: If your landlord wants to end the tenancy, they must serve you with an official Notice to Leave. This gives you clarity on how and why your agreement might end. If you’re being asked to leave over supposed neglect of repairs, and you disagree, you can present your evidence at the Tribunal.
• Complaint to Your Local Council: If your property poses a risk to health and your landlord will not act, you can submit a formal complaint to the council. They may intervene if the issue is serious (like major hazards).

The Law Protecting Tenants in Scotland

Your primary legal protection comes from:

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

These ensure landlords meet obligations and empower tenants to challenge inadequate living conditions.^[1][2]

Summary: Practical Steps if Your Home Needs Repair

• Contact your landlord in writing—be clear and keep evidence
• If there’s no adequate response, consider local council involvement
• If still unresolved, submit a Repairing Standard Application to the Housing and Property Chamber

Most tenants who follow this process see repairs handled, or at least get clarity through the Tribunal’s decisions.

Frequently Asked Questions

1. How long does my landlord have to carry out repairs?
   Landlords must act within a reasonable period, usually within a few weeks for most repairs, and immediately for urgent safety issues. If delays persist, you can use the Repairing Standard Application.
2. Can I stop paying rent if repairs aren’t done?
   No. You must continue paying rent. Instead, use formal processes—like applying to the Housing and Property Chamber—to resolve repair disputes.
3. What happens after I submit a Repairing Standard Application?
   The Tribunal will review your evidence, may inspect the property, and can order your landlord to carry out repairs within a set timeframe. Their decision is legally binding.
4. Does my tenancy type affect my right to repairs?
   Nearly all private tenants in Scotland—especially those with a Private Residential Tenancy—are covered by the repairing standard. Check your agreement for details or get advice if unsure.
5. Where can I get free help with housing standards issues?
   Advice and support are available from Shelter Scotland, your local council, and Citizens Advice Scotland (see resources below).

Key Takeaways for Scottish Renters

• Your landlord has a legal duty to keep your home safe, secure, and in good repair.
• If you report issues and they’re ignored, formal steps and official forms can protect you and prompt action.
• The First-tier Tribunal for Scotland is there to enforce your rights if negotiations with your landlord fail.

Always act promptly and keep evidence of all communications for your protection.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) — Apply or get guidance on applications
• mygov.scot – Repairs in Private Rented Housing — Government advice and process explanation
• Shelter Scotland — Free, confidential advice for tenants
• Citizens Advice Scotland — Local support for housing problems
• Complain about a private landlord — Council complaint process

---

1. See: Housing (Scotland) Act 2006 – Repairing Standard
2. See: Private Housing (Tenancies) (Scotland) Act 2016

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation