This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

If your landlord is refusing to carry out repairs to your home, you may be able to get help from the private rented housing panel (PRHP). This page explains what the PRHP is, who can apply and how to make an application.

What is the private rented housing panel (PRHP)?

The private rented housing panel (PRHP) has been set up to provide tenants with an effective way of forcing landlords to comply with the duty to ensure that the house they lease to that tenant meets the repairing standard. The PRHP replaces the old Rent Assessment Panel and will continue to carry out the functions of that panel.

The contact details for the PRHP office in Scotland are:

Private Rented Housing Panel
3rd Floor, 140 West Campbell Street
Glasgow G2 4TZ

Tel: 0141 572 1170

www.prhpscotland.gov.uk

What is the repairing standard?

The repairing standard is fairly basic:

• the property must be wind and watertight and reasonably fit for you to live in
• the structure and exterior of the property must be in a reasonable condition
• the installations for providing water, gas, electricity, heating and hot water must be in good working order (these include external installations such as drains)
• any fixtures, fittings or appliances provided by the landlord must be in good working order and safe to use
• any furnishings provided by the landlord must be suitable for use
• the property must have suitable smoke detectors.

Read the page on responsibility for repairs to find out more.

Who can apply to the PRHP?

You can apply to the PRHP if:

• you have a short assured or assured tenancy, or
• you have a regulated tenancy, or
• you are occupying your living accommodation under your terms of employment and
• your home doesn't reach the repairing standard.

If you're not sure what kind of tenancy agreement you have, you can check here.

Who can't apply to the PRHP?

You can't apply to the PRHP if:

• your lease from the outset was for a period of not less than three years and you are responsible for carrying out any repairs yourself
• you (or anyone else who lives with you or visits you) caused the damage
• your home has to be rebuilt or reinstated due to destruction or damage caused by fire, storm, flood or any other unavoidable accident
• the fittings or appliances which don't meet the repairing standard belong to you.

Further more, you can't apply to the PRHP if:

• you have a Scottish secure or short Scottish secure tenancy
• you're an agricultural or crofting tenant
• you pay rent on part of your home through a shared ownership scheme
• you live in a mobile home
• you're a non-tenant occupier.

Finally, you can't apply to the PRHP if the repair work that needs done is over and above the kind of work outlined in the repairing standard (see above).

Examples of applying to the PRHP

So, for example, you will be able to apply to the PRHP if:

• the roof is leaking and your landlord won't get it repaired
• the heating has broken and your landlord hasn't fixed it
• an appliance supplied by your landlord (for example the fridge or washing machine) has broken down and your landlord won't fix it
• your home doesn't have a smoke alarm and your landlord is refusing to supply one.

You probably won't be able to get help from the PRHC if, for example:

• the internal décor in your home is shabby
• the shower isn't powerful enough
• the appliances your landlord has supplied you with are old fashioned or well used.

Does it cost anything to apply?

Applying to the PRHP is free. If you want to get advice from a solicitor, you won't be able to get help with legal costs, even if you are on a low income. However, applying to the PRHP is a straightforward process, so it shouldn't be necessary to get advice from a solicitor.

How do I apply to the PRHP?

It's important to remember that before you can apply to the PRHP, you must have asked your landlord to carry out the repairs - don't go straight to the panel without first speaking to your landlord.

In order to apply, you should fill in the application form PRHP1, which you can get from the PRHP offices or download from the PRHP website. If you can't get hold of a form, you can write to the PRHP instead, but if you miss out any of the necessary information your application cannot be processed. It will probably be quicker in the long run to wait until you get the application form.

There is a guidance note that accompanies the application form to explain exactly what you need to do. This guidance note is available in different languages and formats. If you need help with your application, you can ask an adviser at a housing aid centre or Citizens Advice Bureau. Use the Advice Services Directory to find help near you.

The form must be completed in English, or accompanied by a certified translation from a recognised translation agency, and posted to the PRHP, along with certain documents (see 'what do I need to send in with my application' below).

What do I need to say in my application?

In your application, you need to include:

• your name and address
• that you are applying under section 22(1) of the Housing (Scotland) Act 2006
• the name and address and profession of anyone you want to represent you (for example, a family member or an adviser)
• the name and address of your landlord, or the name, address and profession, if known, of your landlord's representative.

You also need to explain:

• that you are applying because you believe your landlord has failed in their duty to meet the repairing standard
• what repair work needs to be done
• that you have already told your landlord about the repairs
• your reasons for believing that you landlord isn't maintaining your home to the required standard (you can mention more than one reason in your application)
• whether you're prepared to try and resolve the situation through mediation (see 'what is mediation' below).

You then need to sign and date your application. If a representative is making the application for you, they can sign it on your behalf.

What do I need to send in with my application?

Together with the form, you need to send in copies of your lease, tenancy agreement or rent book. If you don't have any of these documents, you should write down as much information about the tenancy as you can, for example, when it started, when it's due to end and how much rent you pay.

You also need to enclose copies of any letters or emails you sent to your landlord to inform them about the repair problem, and any response they sent you. It is a good idea to send at least one letter to your landlord by recorded delivery so that you can produce the certificate to show when you notified your landlord about the problem.

If you're having any other problems with your landlord (for example, if they've been turning up at your home without warning, or have been threatening to evict you) you should also let the PRHP know. The PRHP don't have any power to deal with these problems, but they will include them in their annual report to the Scottish Government.

What happens after I apply?

The panel will let you know when they receive your application and will give you a case number. If you do not hear from them within two weeks, you might want to phone the panel to check your application hasn't got lost.

The President of the panel will decide whether or not to pass your application to the private rented housing committee (PRHC), and will write to you or, if relevant, the person representing you, to let you know their decision within 14 days. In some cases, the panel may ask you to supply more information before it can make a decision.

What happens if something else then needs repairs?

If something else in your home breaks down or needs repaired, and your landlord refuses to fix this too, you can make another application, even if your first application hasn't been sorted out yet. In this case, the panel may decide to look at both applications together. You may also be able to amend your existing application. If this situation arises, you should notify the panel in writing and they will advise you on the appropriate procedure to follow.

Can the panel turn down my application?

The President may decide not to pass your application on to the committee if:

• your application is vexatious (done to annoy your landlord) or frivolous, or
• you've already made a similar application recently and haven't allowed enough time for the problem to be sorted out, or
• the problem you've applied about has now been resolved, or
• they think you and your landlord will be able to resolve the problem through the panel's mediation service (see 'what is mediation' below).

The panel will send you a letter setting out its reasons for turning your application down and explaining how you can appeal.

What is mediation?

If the PRHP believe that the dispute you're having with your landlord could be resolved with a bit of help, they'll refer you to their mediation service. This is likely to be a lot quicker and less stressful than going through the full official process. However, you and your landlord will both need to agree to use the mediation service.

What is a mediator?

A mediator is a kind of impartial 'referee' or 'go between'. They won't decide who is in the right, they'll simply help you and your landlord sort out the dispute you're having over the repairs and reach a compromise that you're both satisfied with.

What happens at a mediation session?

A mediation session should last around half a day. The mediator will speak to you and your landlord separately, and then, if they believe your problem can be sorted out this way, they will bring you together to discuss a solution. If you reach a satisfactory agreement, this will be put down in writing.

What if mediation doesn't work?

If either you or your landlord refuses to have mediation, or if you're not able to resolve the problem with the help of a mediator, your claim will be passed on to the PRHC for consideration.

Read the page on taking your case to the PRHC to find out what happens next.

Can I withdraw an application to the PRHP?

Yes, you can withdraw your application at any time in writing or by sending in a form, which you can get from the PRHP offices. You can also withdraw your application in person at the hearing. The PRHP will also consider your application to be withdrawn if your tenancy is lawfully ended (that is, if you decide to move out or your landlord evicts you using the proper legal procedures).

However, the PRHP may decide to continue with the case anyway even if the application is withdrawn. This could happen if, for example, the PRHP feels that the disrepair in question is affecting other tenants who rent from your landlord.