Who is responsible for repairs?

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

This page provides information about which types of repairs private landlords are responsible for, and which are the tenant's responsibility. By law, your landlord must keep your home up to a basic level of repair, known as the 'repairing standard'.

What are my responsibilities?

As a tenant, you have three main areas of responsibility as regards repair.

Taking good care of the property

It's up to you to look after the property and avoid causing any damage wherever possible. This involves:

• keeping your home reasonably clean
• keeping the fittings, appliances and furniture in good condition (allowing for normal wear and tear)
• carrying out minor maintenance (for example, checking smoke alarm batteries and changing light bulbs)
• making sure your home is kept reasonably well heated (in winter, it's particularly important that you don't let the pipes freeze up and burst).

If you do cause any damage to the property or the furniture, either accidentally or on purpose, your landlord is entitled to make you pay for the damage, even if it is their responsibility to fix it. In some cases, your landlord may ask you to carry out the repair work yourself. If you have contents insurance, it may cover the cost.

Reporting repairs

You are responsible for letting your landlord know about any repair work that needs done. Your landlord can't be responsible for putting right problems they don't know exist. If you notice anything wrong with the property, for example, a damp patch on the wall or a crack in the ceiling, it's important you report the problem to your landlord as soon as possible, even if you're not that bothered about getting it fixed. Don't wait until the problem has got really bad - this could end up costing your landlord more to put right, and they may take the extra money out of your deposit.

The page on getting repairs done has more on this, including a sample letter you can send to your landlord. Remember to keep a copy of any letters or emails you send your landlord - it's important that you can prove you told your landlord about the problem because your landlord isn't responsible for repairs until they have been reported.

Allowing your landlord access

You must also allow your landlord access to the property to assess and carry out repairs. Your landlord should give you reasonable notice (usually at least 24 hours) before coming round. Bear in mind that your landlord only has the right to access the parts of your home that need repair work done. For example, if your landlord needs to fix the kitchen sink, this should not be used as an excuse to look round the rest of your home.

Although your landlord should arrange for repairs to be done, they will probably expect you to be at home to let in any contractors. This is something you'll need to sort out between you.

Your landlord doesn't have an automatic right to access the property to carry out improvements, unless this is specifically stated in your tenancy agreement. They will have to get your permission before entering your home for this reason - although if they want to make your home nicer, it's probably in your best interests to agree!

What are my landlord's responsibilities?

In general, your landlord will be responsible for major repairs to the structure and installations, while you will be responsible for minor interior repairs and decoration. Your tenancy agreement should set out who is responsible for what.

Be aware, however, that landlords can't get out of their responsibilities by adding a clause into the tenancy agreement that says they don't need to carry out repairs, or that you will have to pay for any repairs that need done. These are unfair terms, and will not be legally binding. You can find out more about unfair terms and how to complain about them at the Consumer Direct website.

Likewise, if your tenancy agreement doesn't mention repairs, you will still have legal rights to get certain repairs done.

If you're not sure who is responsible for a repair, you can get advice from a housing aid centre or Citizens Advice Bureau.

What is my landlord not responsible for?

According to the common law, your landlord is not required to fix any damage caused by:

• you or a member of your household
• an 'act of God' such as freak storms or flooding
• a third party, for example if your home is vandalised or broken into.

However, this doesn't mean that repairs won't get carried out in these situations. For example, your landlord should be insured against damage caused by storms or burglars, so may well decide to do the repair work anyway.

What are my rights?

Under new laws introduced in September 2007, your landlord must make sure that your home reaches a basic standard of repair. This is called the 'repairing standard'.

What is the repairing standard?

In order to meet the repairing standard:

• the property must be wind and watertight
• the property must be fit for you to live in (see 'what is the tolerable standard' below)
• the structure and exterior of the property (for example, the walls and roof) must be in a reasonable condition
• the installations for the supply of water, gas, electricity, and for sanitation, space heating and heating water must be in a reasonable state of repair and in proper working order (these include external installations such as drains)
• any fixtures, fittings or appliances provided by the landlord (such as carpets, light fittings, white goods and household equipment) must be in a reasonable state of repair and in proper working order
• any furnishings provided by the landlord must be capable of being used safely for the purpose for which they are designed
• the property must have suitable smoke detectors - there should be at least one smoke detector on each floor of the property, and if the alarms are installed after September 2007, they should be mains powered rather than battery powered.

If your home doesn't reach this standard and your landlord refuses to carry out the necessary work, you can report them to the private rented housing panel (PRHP).

If you're moving into a new home, your landlord must make sure that the property meets this standard before you move in. If it does not, and they need to carry out repair work to bring it up to this standard, they must let you know about this before your tenancy starts.

The sections below look at the different areas of the property your landlord is responsible for and what standard of repair the law requires.

What is the tolerable standard?

The tolerable standard is a very basic level of repair that your home must meet if it's to be fit for you to live in. Your home may not be fit to live in if:

• it has a bad problem with rising or penetrating damp
• it is not structurally stable, for example it's subsiding
• it doesn't have adequate ventilation, natural and artificial light or heating
• it doesn't have an adequate supply of fresh water
• it doesn't have a sink with hot and cold water
• it doesn't have an indoor toilet
• it doesn't have a fixed bath or shower and wash basin with hot and cold water
• it doesn't have a good drainage and sewerage system
• there are no satisfactory cooking facilities (this doesn't mean your landlord has to provide you with a cooker, but there must be somewhere suitable for you to install your own cooking facilities)
• it doesn't have a proper entrance.

Structure and exterior

Your landlord must make sure that the property is wind and watertight when you move in, and that it continues to be so while you're living there. This means that they are responsible for repairing damage to any part of the structure which might let in wind or rain, including:

• the roof
• chimneys
• gutters and external pipes
• walls (such as brick and plasterwork)
• windows and doors
• drains.

In addition, the property should be adequately insulated, so that you can keep your home warm without running up unreasonably large heating bills. As a guide, you shouldn't have to spend more than 10% of your family income on heating. With a good heating system, you should spend much less than this.

Dampness

If dampness in your home is caused by a structural defect (such as a lack of damp-proof course, poor ventilation, an inadequate heating system or a hole in the roof) your landlord will probably be responsible for putting this right. You may need to show that the dampness is affecting your health in order to force your landlord to do any work.

It's also up to your landlord to ensure that the property has a heating system that will enable you to keep your home free of damp and condensation without running up huge gas or electricity bills.

However, dampness can also be caused by condensation produced by drying clothes indoors or the heating system not being used effectively, in which case your landlord will claim this is your fault.

It can be difficult to work out who has responsibility for condensation dampness. Get advice if you are in this situation.

Pipes, drains, gas, electricity and heating

Your landlord should also be responsible for fixing installations. Installations are:

• appliances for space heating (for example, a central heating system or gas fire) or heating water (for example, a boiler)
• water and gas pipes
• flues and ventilation
• electrical wiring
• basins, sinks, toilets and baths.

This doesn't include fixtures, fittings and appliances for using the water, gas or electricity, such as cookers. Check your tenancy agreement to find out who is responsible for these.

Remember, it's up to you to take care of the installations. For example, your landlord may want you to empty the water tank and turn off the water in winter if you are going away, to prevent the pipes from freezing and bursting.

Appliances

Your landlord is responsible for making sure that any fixtures, fittings and appliances they provide are in a reasonable state of repair and in proper working order. These include:

• light fittings
• carpets
• kitchen fittings (for example, cupboards and drawers)
• electrical appliances such as the cooker, fridge or washing machine.

Your landlord is also responsible for the safety of any gas appliances provided.

Common areas

Repairs to areas that are shared with other people, such as hallways, stairs, or lifts, are the responsibility of the landlord. They must ensure that common areas can be used and are safe. If there are other flats in the building that your landlord doesn't own, the responsibility for common areas may be shared by your landlord with other owners.

Gardens

Your tenancy agreement should say who has responsibility for the upkeep of your garden. It is often the tenant's responsibility, although this doesn't mean that you will have to improve the garden if it is in a mess. If you don't have a tenancy agreement or your tenancy agreement doesn't mention the garden, your landlord is likely to be responsible unless you agree otherwise.

Fire safety

By law, your landlord is responsible for providing fire detection equipment for your home, such as a smoke alarm. You can find out more about fire safety here.

Furniture and equipment

Your landlord is legally responsible for replacing or repairing fixtures, fittings, appliances and furnishings that become unusable or dangerous due to normal wear and tear. This includes:

• light fittings
• carpets
• kitchen fittings (for example, cupboards and drawers)
• electrical appliances such as the cooker, microwave, fridge, washing machine or vacuum cleaner.

In addition, any furniture your landlord supplies should be fire resistant (the page on fire safety has more on this).

Your tenancy agreement should say whether your landlord has to replace worn out or damaged furniture that isn't actually unsafe or unusable. Remember, your landlord is not responsible for repairing anything that belongs to you. Read the page on furniture and equipment to find out more.

Internal decorations

Tenants are usually responsible for minor repairs to the internal decorations. This applies unless the disrepair is:

• caused by disrepair or dampness that is the landlord's responsibility
• due to normal wear and tear
• caused by repair work your landlord has carried out.

Your tenancy agreement should state who is responsible for decorating the home and maintaining the internal decoration. If you want to redecorate your accommodation, you normally have to get your landlord's agreement, and you may not be able to do exactly what you want. Your tenancy agreement may say something about redecorating. You should not have to redecorate before you leave unless your tenancy agreement says so or you have damaged the decoration.