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This page looks at problems which may arise while repairs are being carried out, including what you can do if the repairs are disruptive, or if you have to move out while repairs are being done.

What if the repairs are really disruptive?

If your home needs serious repairs and this is very disruptive (for example, if you can't use all the rooms in the home) you may be entitled to claim a reduction on your rent, called a rent abatement. The amount you can get will depend on how much of the property you can use. For example, if you can only use half the property while the repairs are being carried out, you should get a 50 per cent reduction of your rent.

You can claim an abatement retrospectively, after the repair work has been done.

If your landlord refuses to give you a rent abatement, get advice from a Shelter advice centre or Citizens Advice. Use the Advice Services Directory to find agencies in your area. An adviser can tell you whether you should be entitled to an abatement, and whether you would be justified in withholding rent. You may also be able to pursue your claim in court.

If the repairs seriously affect your quality of life, you may be able to claim compensation.

What if the workmen are using my electricity and gas?

Inevitably, the landlord's workers will have to use your supply of electricity, gas and other services during repair works. If you think the usage is excessive, or if it continues for a long time, speak to your landlord and see if you can arrange for them to make a contribution towards your utility bills.

What if I have to move out?

If your landlord needs to carry out major repair work to the property, you may be asked to move out. In this case, your landlord will have to refund you the cost of any alternative accommodation. They may sort out this accommodation for you, or you may have to make your own arrangements.

You may agree with your landlord that you'll move out temporarily, on the condition that you can move back in again once the work is completed. In this case, make sure you get this agreement in writing, in order to protect your rights.

What if I don't want to move out?

If you won't move out voluntarily, your landlord may try to evict you.

Common law tenants

If you are a common law tenant (for example, if you live with your landlord), your landlord can evict you fairly easily at the end of your lease, or at any time if a clause in your tenancy agreement says this is possible. They should give you four weeks' notice.

Short assured tenants

If you are a short assured tenant, your landlord will be able to evict you at the end of your lease, provided they follow the correct procedure. Get advice from a Shelter advice centre or Citizens Advice if you're in this situation. An adviser may be able to help you delay or prevent the eviction if your landlord is not following the correct legal procedures.

Assured tenants

If you are an assured tenant, your landlord needs a special reason or 'ground' to evict you. They can use ground 6 if they want to do major work to the property and this work cannot be done while you're living there, or you have said that you do not want to live there while the work is being done.

You must be given at least two months' notice before you have to leave, and you should be entitled to reasonable moving expenses as well. If you can't agree what 'reasonable expenses' are, you can ask the sheriff court to decide for you.

Your landlord may also be able to take you to court to evict you under ground 9 if they can find you somewhere else to live, either while your home is being repaired or permanently. The accommodation must be suitable for you and your family and you must have the same or similar rights that you have in your current property. Your landlord will have to convince the sheriff court that it is reasonable to evict you on this ground, and, if decree is granted, you'll be entitled to reasonable removal expenses.

What if my landlord has been issued with a notice by the council?

If the property you rent is below standard or in need of repair, the council can send your landlord a work notice or a defective or dangerous building notice, ordering them to carry out repair work to bring the property up to scratch. The council will send you a copy of the notice, so you'll know what's involved.

It's up to the owner of the home to take action (for example, to arrange for the repairs to be done, or arrange for the council to do the work) but you will have to allow your landlord and any contractors access to the property so they can carry out the work. Your landlord should always give you 24 hours' notice whenever they or anyone else needs to get into your home.

If you're not happy about the notice, you can appeal to the sheriff court. You can find out more about work notices, repairing standard enforcement orders (RSEOs) and defective and dangerous building notices here.

Will I have to move out while the work is done?

Depending on the nature of the repairs, your landlord may need you to move out while they carry out the work required by the notice. In this case, the sections on 'what if I have to move out' and 'what if I don't want to move out' above outline what your landlord must do.

If the council is doing the work, your rights will depend on the kind of notice issued.

Work notices and repairing standard enforcement orders

If the council is carrying out the repairs required by a work notice or an RSEO, it may ask you to move out if the work is likely to endanger you. In this case, you must be given at least 14 days' notice before you need to leave.

If you refuse to leave at the end of this notice period, the council can apply to the sheriff court for a warrant of ejection. If the sheriff believes you will be endangered by the work, they can issue a warrant forcing you to move out until it's done. However, if the property is your only or main home, the sheriff won't grant a warrant unless you have somewhere else to go.

If you have to move out while work is being done, this won't end your tenancy. When you move back in again, the terms of your tenancy won't change, unless you agree otherwise with your landlord.

Defective or dangerous building notice

If the council identifies a building as being dangerous to the general public, it can evacuate it immediately, without giving any notice. If it is carrying out work under a defective and dangerous building notice that would endanger anyone living there, it must give you written notice explaining why you have to move out and when you need to leave. It will then send you another notice when it's safe for you to move back in again.

If you refuse to leave, the council can apply to the sheriff court for a warrant of ejection, forcing you to move out.

Your tenancy won't be affected by this, and you shouldn't be charged rent while you're not able to occupy your home. When you move back in, your tenancy rights should remain the same.