Disrepair and rented accommodation
This section looks at the area of disrepair in both private and social rented accommodation. It details the duty of the landlord alongside the rights and responsibilities of tenants in rented accommodation.
It is important to define the standards and definitions of repair.
A useful starting point in most repairs disputes will be the terms of the tenancy agreement.
Common law rights and responsibilities derive from legal principles and judicial precedents laid down by judges in decisions over the centuries.
The main source of statutory rights and responsibilities are the Housing (Scotland) Act 2001 and the Housing (Scotland) Act 2006.
This section looks at the steps that should initially be taken when dealing with disrepair.
Not all remedies for dealing with landlords need to involve court action.
Court action can be raised for compensation for losses suffered as a result of the landlord's breach of contract, and/or for specific implement, in order to force the landlord to carry out specific repairs.
The tenant has an implied obligation to the landlord to give access for repairs.
Last updated: 29 December 2014