The Repairing Standard – Scottish Tenancies

The Repairing Standard is a fundamental aspect of tenant rights in Scotland, ensuring that rented properties meet essential health and safety requirements. Renting a home should be more than just finding a roof over your head; it should be about living in a safe, healthy, and comfortable space. The Housing (Scotland) Act 2006 and the Private Housing (Tenancies) (Scotland) Act 2016 are cornerstones of these rights, empowering tenants to hold landlords accountable for providing homes that are fit for human habitation. Understanding your rights under these Acts is essential for anyone renting a property in Scotland, as it can significantly impact your quality of life and well-being.

Who Do the Acts Apply To?

The Acts cover most residential tenancies in Scotland, including:

• Private rentals
• Social housing
• Houses in Multiple Occupation (HMOs)

They apply to various tenancy types, including Private Residential Tenancies (PRTs) and Scottish Secure Tenancies in social housing.

What is the Repairing Standard?

The Repairing Standard is a key component of the Housing (Scotland) Act 2006. A property meets the Repairing Standard if it satisfies all of the following criteria:

• It meets the Tolerable Standard
• It is wind and watertight and reasonably fit for human habitation
• It is structurally and externally in a reasonable state of repair and in good working order
• It has a fixed heating system that is plumbed in or hardwired
• Installations for water, gas, electricity, and other fuel supplies, as well as sanitation, heating, and hot water, are in reasonable repair and working order
• It is free of lead pipes from the boundary stopcock to the kitchen tap
• Any fittings, fixtures, or appliances supplied by the landlord are in good working order
• Furniture provided by the landlord can be used safely for its intended purpose
• There is satisfactory provision for and convenient access to food storage and preparation spaces
• Common parts can be safely accessed and used
• Common doors are secure and fitted with satisfactory emergency exit locks

Landlord’s Responsibilities Under the Repairing Standard

Under these Acts, your landlord is responsible for:

• Conducting a pre-tenancy inspection to identify necessary repairs
• Providing written information about their duty to maintain the property to the Repairing Standard
• Ensuring the property meets the Repairing Standard throughout the tenancy
• Carrying out repairs within a reasonable timeframe after being notified or becoming aware of issues
• Conducting electrical safety inspections, including an Electrical Installation Condition Report (EICR) and Portable Appliance Test (PAT), at least once every five years

Your Rights as a Tenant Under the Repairing Standard

If you believe your rented property doesn’t meet the Repairing Standard:

• Document the issues with photos and videos
• Notify your landlord in writing about the problems
• Keep copies of all communication
• Allow reasonable time for repairs
• Consider applying to the First-tier Tribunal for Scotland (Housing and Property Chamber) if necessary

Protection from Eviction

The Private Housing (Tenancies) (Scotland) Act 2016 protects tenants from unfair eviction. Landlords must provide specific grounds for eviction, and tenants can challenge eviction notices at the First-tier Tribunal.

Under these provisions, landlords cannot evict tenants without citing one of the legitimate grounds for eviction outlined in the Act. These grounds include:

• The landlord intends to sell the property.
• The landlord or a family member needs to live in the property.
• The tenant has breached the terms of the tenancy, such as non-payment of rent or damaging the property.

• If a tenant receives an eviction notice, they have the right to challenge it by taking their case to the First-tier Tribunal for Housing and Property.
• The Tribunal will assess whether the eviction is lawful and based on the stated grounds.
• If the Tribunal finds that the eviction is not justified, the eviction can be blocked, and the tenant will be allowed to remain in the property.

These protections ensure that tenants in Scotland cannot be evicted arbitrarily and are given a fair opportunity to challenge eviction attempts through a legal process. The Act aims to balance the rights of both landlords and tenants while providing security for tenants to remain in their homes unless a legitimate reason for eviction exists.

Seeking Help

If you’re concerned about your rented home’s condition:

• Contact your local council’s environmental health department
• Seek advice from housing charities like Shelter Scotland or Citizens Advice Scotland
• Consult a solicitor specialising in housing law

Final Thoughts on the Repairing Standard

Remember, your home is more than just four walls; it’s a fundamental part of your life and well-being. Don’t hesitate to assert your rights if you believe your rented property is not up to standard. By familiarising yourself with the provisions of the Acts and the Repairing Standard, maintaining open communication with your landlord, and seeking assistance when necessary, you can ensure that your rented home in Scotland meets the standards of a safe and habitable living space.

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