How the private rented housing committee enforces its decisions

This content applies to Scotland only.

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

If the private rented housing committee (PRHC) decides that your landlord is not complying with the duty to meet the repairing standard, it must take action to force your landlord to carry out the necessary work by serving them with a repairing standard enforcement order (RSEO).

What is a repairing standard enforcement order (RSEO)?

An RSEO is a notice ordering your landlord to carry out the necessary repair work and put right any other damage the work may cause. The order can also state specific steps your landlord must take. For example, it may require the landlord to put up scaffolding or replaster an entire wall instead of just doing a 'patch' repair.

Your landlord will be given at least 21 days to complete the work - the order will specify the exact time limit. The PRHC can extend this time limit, if they're satisfied the landlord is doing their best to get the work done.

The RSEO will be registered in the relevant Land Register, and your landlord won't be able to re-let the property until it has been revoked (unless the committee gives them permission for this).

Once your landlord has carried out the work, the PRHC will check that it has been done satisfactorily before revoking the order.

What if my landlord still doesn't do the work?

If your landlord doesn't comply with an RSEO within the time limit, the PRHC will inform the council, who have the power to carry out the work and charge the landlord for it. The PRHC will notify you to let you know this.

It's up to the council whether or not to carry out the work. When making their decision, they will take into account:

  • the severity of the problem
  • whether the problem is likely to get worse
  • the effect of the problem on your health
  • the public interest.

If the council does take action, it will give you 21 days' notice before beginning the work, unless the disrepair is really urgent and needs to be done sooner.

If your landlord ignores an RSEO without a good excuse, they can be fined up to £1,000. In addition, the council may decide to remove them from the landlord register.

The PRHC may also make a rent relief order, which means you'll only have to pay a reduced rent until the work has been carried out.

What is a rent relief order?

If your landlord doesn't comply with an RSEO, the PRHC can make a rent relief order, reducing your rent by up to 90%. This doesn't affect your tenancy rights in any other way.

You'll probably have to wait at least seven weeks between receiving the rent relief order and starting to pay the reduced rate, to give your landlord a chance to appeal against the order, and you'll continue to pay the reduced rate until the rent relief order is stopped - this will happen either if the RSEO is revoked for some reason, or when the work is completed. Once the rent relief order ends, you won't have to pay back any of the rent you would normally have paid, if the order hadn't been in place.

Can I appeal?

You also have the right to appeal if:

  • the PRHC decides not to grant a rent relief, or
  • the PRHC decides to revoke the rent relief order.

See 'how do I appeal' in the page on taking your case to the PRHC for further information.

What if I get housing benefit?

If you are granted a rent relief order, the PRHC will notify the council, who will in turn notify the housing benefit department. However, it's a good idea to notify the housing benefit department yourself as well, to make sure you aren't paid too much benefit, which you'll then need to pay back.


Back to top

Information

Need more help?

0808 800 4444

Worried about privacy?

If you don’t want others to know you have visited this website, you can delete your browser history.
Find out how arrow


Follow @ShelterScotland on Twitter