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.
Various problems may occur during repair and improvement work.
In relation to damage and injuries, landlords have a duty imposed on them by the Occupiers' Liability (Scotland) Act 1960.
Where a landlord has an obligation to repair, this covers redecoration needed as a result of the repair work.
During repair works the landlord's workers will have to use the tenant's supply of electricity, gas and other services. However, the landlord cannot cut off supplies.
A repairing obligation by a landlord carries with it an implied obligation by the tenant to give access to the landlord in order for the repairs to be carried out.
If they have to leave their home, an occupier may be entitled to home loss payment, as compensation for being removed against their will, or to disturbance payment, as compensation for the costs involved in removal.
Occupiers who are displaced by compulsory acquisition, as the result of a closing or demolition order, may be entitled to rehousing by the local authority.
A tenant may lose her/his accommodation due to the landlord's failure to comply with planning regulations or for some other similar reasons.
Last updated: 29 December 2014