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 3rd 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 no longer
acceptable. 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
and if the property has more than one floor, the smoke detectors on
each floor must be interlinked.
The advisory content on this site is not a
substitute for legal advice. The model tenancy agreement and
statutory forms shown are for information purposes only.
Landlords are encouraged to seek independent legal advice in
relation to landlord and tenant matters and as to the form and
content of tenancy agreements and statutory notices.
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private rented sector and information about ways of working in
partnership with Perth and Kinross Council, please
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