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.

Types of problem

Various problems may occur during repair and improvement work. 

Injuries and damage

In relation to damage and injuries, landlords have a duty imposed on them by the Occupiers' Liability (Scotland) Act 1960. 

Redecoration

Where a landlord has an obligation to repair, this covers redecoration needed as a result of the repair work. 

Electricity, gas and water

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. 

Temporary displacement of tenants

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. 

Compensation payments

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. 

Rehousing

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. 

Loss of accommodation

A tenant may lose her/his accommodation due to the landlord's failure to comply with planning regulations or for some other similar reasons.