Your Rights with Emergency Repairs in Scotland

If you are renting in Scotland and face an urgent issue like a burst pipe or broken heating in winter, you have legal rights to get emergency repairs done quickly. Knowing what counts as an emergency, what your landlord must do, and your own responsibilities can make a stressful situation much easier to handle.

What Qualifies as an Emergency Repair?

Emergency repairs are urgent issues affecting your health, safety, or the security of your home. According to Scottish law, emergencies usually include:

• Major leaks or flooding
• Loss of essential services such as water, electricity, or heating (especially in winter)
• Broken windows or doors making your property unsafe
• Serious electrical faults
• Unsafe gas appliances or suspected gas leaks

Normal repairs, like minor leaks or cosmetic damage, are not classed as emergencies and follow a different process.

Your Landlord’s Duties for Emergency Repairs

Under the Private Housing (Tenancies) (Scotland) Act 2016 and Housing (Scotland) Act 2006, landlords must keep your rented home safe and wind- and water-tight. For emergencies:

• Landlords must begin emergency repairs as soon as possible after being notified.
• They are responsible for the cost, unless the damage was caused by your negligence (e.g., not reporting a leak until it became serious).
• Reasonable notice is not required for entry in an emergency, but landlords should still aim to inform you.

If your landlord does not act promptly, you may have the right to arrange repairs yourself and recover the costs, but you must follow the correct legal procedure.

Reporting an Emergency Repair

Always contact your landlord or letting agent immediately—by phone and in writing (email or text) if possible. Clearly describe the problem and state that you consider it an emergency. Keep a record of your communication.

If Your Landlord Delays or Refuses Repairs

If your landlord is unavailable or refuses to carry out emergency repairs, the law gives you options to protect your safety and comfort:

• You may instruct repairs and claim back the reasonable cost, but only after you have made every effort to contact your landlord and allowed a reasonable time for them to act (unless immediate action is absolutely necessary).
• Notify your landlord again in writing before arranging emergency works. Keep proof of all attempts to contact them.
• Choose a reputable contractor and only arrange what is essential to make the property safe or prevent further damage.

Applying to the Tribunal for Repairs

If issues continue, tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for help with repairs.

• Form: Repair Application Form (no number assigned)
• Download the Repair Application form and guidance notes (PDF)
• When to use: When your landlord fails to carry out repairs after you’ve notified them in writing and allowed a reasonable time for completion.
• Example: If you have reported a broken boiler in winter and your landlord does not fix it after reasonable notice, you can submit this form to the Tribunal to force repairs.

Attach evidence such as emails, texts, and photos showing the problem and your communication.

What the Law Says in Scotland

Your rights on emergency repairs are set out in key Scottish legislation:

• Private Housing (Tenancies) (Scotland) Act 2016 (for Private Residential Tenancies)
• Housing (Scotland) Act 2006 (repairs and standards enforcement)

Local authority tenants and housing association tenants also have rights to prompt and proper repairs under their tenancy agreements and national law.

Quick Summary: Action Steps for Emergency Repairs

• Contact your landlord or agent immediately—by phone and in writing.
• Allow reasonable time for them to respond.
• If unsafe and you cannot make contact, arrange the most urgent repairs yourself and keep all receipts and records.
• If the landlord refuses to pay or act, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Document every step and always seek reputable help for safety-critical repairs.

Frequently Asked Questions

1. What counts as an emergency repair in Scotland? – Emergencies include things like major leaks, loss of heating or electricity, gas leaks, and anything that poses a risk to health, safety, or the basic security of your home.
2. How quickly must my landlord respond to an emergency? – Landlords are expected to start arranging repairs as soon as possible after being informed. Immediate action is required for issues that put you or the property at risk.
3. Can I arrange emergency repairs myself? – Yes, if you cannot reach your landlord or they refuse to act, you can organise essential works, but keep evidence and stick to urgent-only repairs so you can claim costs back.
4. What should I do if my landlord won’t pay me back for emergency repairs? – You can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) using the Repair Application Form and supporting evidence.
5. Which tribunal handles repair disputes in Scotland? – The First-tier Tribunal for Scotland (Housing and Property Chamber) deals with private rented sector repair disputes.

Key Takeaways on Emergency Repairs

• Scottish tenants have clear rights to timely emergency repairs under national law.
• If your landlord does not act, you can take emergency action and seek reimbursement.
• The First-tier Tribunal for Scotland (Housing and Property Chamber) is available to resolve ongoing repair issues.

Prompt action and good record-keeping help protect you and your home in emergencies.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – apply for help with repairs and housing standards issues
• Scottish Government: Private rented tenants’ rights and repairs
• Citizens Advice Scotland: Repairs in rented housing
• Your local council’s housing standards team can offer advice if you feel unsafe

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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)
4. Scottish Government: Tenants’ rights in the private rented sector

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