Private landlords in Scotland - repairing standards

With effect from 3 September 2007 the Housing (Scotland) Act 2006 will introduce a new repairing standard which which will apply to the great majority of tenancies of houses in the private sector in Scotland. It covers various aspects of the house, including the structure and exterior, various installations and fixtures, the safety of the furniture, and smoke alarms. While landlords have already had to meet most of these standards, they are now brought together in one place.

The landlord will be required to ensure the house meets the repairing standard at the start of the tenancy. In addition, the landlord will also have to ensure that the tenancy meets the standard throughout the tenancy, although this duty only applies if the tenant advises the work needs done or the landlord becomes aware in some other way.

Should a tenant believe that that the landlord has not complied with the repairing standard, the tenant can apply to the new private rented housing panel which has been created by the Housing (Scotland) Act 2006. The panel can reject the application, refer it to a private rented housing committee or delay a decision if there is the prospect the landlord and tenant can settle the dispute by mediation. If a committee decides that the repairing standard has not been met, it can require the landlord to do the necessary work.