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. 

What is repair?

It is important to define the standards and definitions of repair. 

Contractual rights

A useful starting point in most repairs disputes will be the terms of the tenancy agreement. 

Common law rights and responsibilities

Common law rights and responsibilities derive from legal principles and judicial precedents laid down by judges in decisions over the centuries. 

Statutory rights and responsibilities

The main source of statutory rights and responsibilities are the Housing (Scotland) Act 2001 and the Housing (Scotland) Act 2006. 

Before taking action

This section looks at the steps that should initially be taken when dealing with disrepair. 

Action not involving the courts

Not all remedies for dealing with landlords need to involve court action. 

Court action over disrepair

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. 

Access for repairs

The tenant has an implied obligation to the landlord to give access for repairs.