The Repairing Standard
Until recently, private landlords' repairing obligations were contained in Schedule 10 of the Housing (Scotland) Act 1987. This was replaced by the new 'Repairing Standard' in terms of Chapter 4 of the Housing (Scotland) Act 2006 with the new legislation being effective from Monday 03rd September. The Repairing Standard applies to all private sector tenancies with the exception of occupancy agreements that are not leases.
The Repairing Standard contains the following elements;
- Accommodation must be wind and watertight and 'reasonably fit for human habitation'
- The structure and exterior must be in a reasonable state of repair
- Installations for the supply of water, gas and electricity must be in a reasonable state of repair and in proper working order
- Fixtures and fittings and any appliances provided by the landlord must be in a reasonable state of repair and in good working order
- Any furnishings provided by the landlord must be able to be used safely and for the purpose they are intended for
- There must be a satisfactory means of detecting and warning about fire (such as smoke alarms)
Private landlords are responsible for ensuring that their property complies with the Repairing Standard both at the start of the tenancy, and at all times during the tenancy. Private tenants who think that their landlord has failed to comply with the Standard will be able to make an application to the Private Rented Housing Panel for a determination. The Panel will only consider a complaint if it is satisfied that the applicant has exhausted their landlord's own complaints procedure. If the Panel deems that the complaint is valid however, it will refer it to the Private rented Committee which has a range of enforcement options available to it. These include the issuing of a Repairing Standard Enforcement Order or a Rent Relief Order.
Further details about the new Repairing Standard and the associated provisions are available in the Scottish Executive Guidance for Landlord document which can be downloaded using the link in 'downloads'.
Smoke Detectors
One of the key changes associated with the new Repairing Standard is that it is now a statutory requirement to have smoke detectors fitted in all rented properties.
Battery powered smoke detectors are acceptable if these are already in place and are in good working order. New installations (including replacements) however, must be hard-wired (mains powered). There must be a minimum of one detector positioned on each floor of the property.
