What is the repairing standard?
The repairing standard is the minimum level of repair a house must achieve to be used as privately rented accommodation. It focuses on the condition of the building itself, but also includes all installations, fittings, fixtures and furnishings that were provided as part of the tenancy.
Private landlords are responsible for making sure that their property meets the repairing standard at:
- the start of the tenancy
- all times during the tenancy
This would involve carrying out all repairs that are necessary for the property to meet the repairing conditions as well as repairing any damage that may be caused during the work.
The repairing standard applies to most private sector tenancies. However, there are some exceptions for example, mobile homes or crofting tenancies. For more information, please contact the Private Sector Advice Team.
The full repairing standard is set out in the Housing (Scotland) Act 2006.
What conditions make up the repairing standard?
A house meets the repairing standard if:
- it is wind and watertight (so is free from draughts and water leaks) and reasonably fit for people to live in
- the structure and outside of the house (including drains, gutters and outside pipes) are in a reasonable state of repair and in proper working order
- the installations in the house for supplying water, gas and electricity and for sanitation, heating and water heating are in a reasonable state of repair and in proper working order
- any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order
- any furnishings provided by the landlord under the tenancy can be used safely for the purpose for which they are designed
- meets the statutory Tolerable Standard
Housing and Property Chamber: First Tier Tribunal
The Housing and Property Chamber can make private landlords carry out property repairs by using different types of enforcement action.
Private tenants who think that their landlord has failed with their repairing duties will be able to apply to the panel for a decision (known as a determination).
If they agree that the complaint is valid, the case will be referred to the Private Rented Committee. The committee will then decide which enforcement action to use. This could include issuing a:
- Repairing Standard Enforcement Order - this will outline what repairs must be done and a deadline for when they should be completed. Landlords who ignore an order may be fined
- Rent Relief Order - this order can reduce the tenant’s rent by up to 90% until the repairs are fully completed
You can contact the Housing and Property Chamber directly by phone on 0141 302 5900.
