Housing conditions

This section covers rights and duties in relation to disrepair and the remedies available when the necessary action is not taken. It looks at issues relating to bad housing and the specific arrangements that exist for houses in multiple occupation. It also covers improvement and repair grants.

Coronavirus (COVID-19) and Housing conditions

This page intends to support advisers who are giving advice on housing conditions in Scotland during the Coronavirus (COVID19) Outbreak. 

The Tolerable Standard

The tolerable standard is detailed in the Housing (Scotland) Act 1987. 

Disrepair and rented accommodation

This section looks at the rights and duties landlords and tenants have in cases of disrepair and where these rights and duties come from. 

The Repairing Standard

The Housing (Scotland) Act 2006 has introduced a repairing standard that all properties let in the private sector must meet. This will be enforced from 3 September 2007. 

Problems during repairs

This section gives information on the main issues associated with disrepair and unfit properties. These include the problems that may arise during repair and improvement work, the rights of tenants temporarily displaced from their homes during repairs, and compensation for occupiers who have to leave their homes because of bad conditions. 

Disrepair and common property

This section looks at provisions that have been introduced to simplify the process of carrying out repairs to property within blocks of flats. 

Scheme of assistance

The ‘scheme of assistance’ needs to be implemented by all local authorities by April 2010. However, some local authorities may have implemented the scheme from 1 April 2009, or may move to the scheme throughout the 2009/2010 period. The provisions for each local authority are detailed in their respective ‘statement of assistance’. This scheme will overhaul the current responsibilities of local authorities and will also alter the eligibility of owners, landlords and tenants to access grant provisions to improve or repair a property. 

Disability adaptations

This section looks at the rights of tenants with disabilities. It establishes the duty of a landlord to make reasonable adjustments to a property where deemed necessary for the tenant/s to enjoy the home they are renting. 

Local authority duties and powers for disrepair

This section looks at the duties and powers that local authorities have to ensure that the housing in their area is of a certain standard. It covers the tolerable standard and ways of enforcing it, and looks at housing action areas, repair notices, closing and demolition notices, defective and dangerous building notices, powers under the Environmental Protection Act 1990 and the new powers introduced by the Housing (Scotland) Act 2006, including housing renewal areas and work and demolition notices. 

Using the Environmental Protection Act 1990

This section looks at how tenants can use the Environmental Protection Act 1990 to take action in issues of disrepair. 

Hazards

This section looks at hazards. It covers gas and electrical safety, fire safety, furnishings, asbestos, refuse and vermin. It outlines who may be liable and the different courses of action that occupiers can take. 

Overcrowding

The Housing (Scotland) Act 1987 provides the legal definitions of overcrowding. 

Energy performance certificates

All owners of properties available for sale or rent after 4 January 2009 must be able to produce a valid energy performance certificate (EPC) to any prospective buyers or tenants. 

This content applies to Scotland

Last updated: 29 December 2014