Types of problem

Damage can sometimes be caused when a landlord arranges repair or improvement works for a property. For example, a plumber employed by the landlord might break the washbasin when repairing faulty plumbing. The tenant should ask the landlord to carry out this new repair and, if s/he has suffered loss, could consider seeking compensation from the landlord. It would be up to the landlord to take the matter up with the contractor who had caused the damage. This would apply whether the damage was to the landlord's or the tenant's property. Tenants who have a Scottish secure tenancy have the right to ensure that a landlord makes good any damage done whilst undertaking repair work. [1]

A tenant may not be happy with the standard of repair work done by a landlord to meet her/his repairing obligations. However, unless the landlord is carrying out a repair that s/he has been ordered to do by the local authority or court, it can be difficult to show that the repair is inadequate. Only when the landlord has attempted to remedy the problem on several occasions without success would it be possible for the tenant to threaten legal action for damages.

If the work carried out by the landlord is as a result of a repair notice, the standard of repair should be that required by the notice. The local authority must be satisfied that the work has been done to an adequate standard and has the power to do the work itself if the notice is not complied with.

If the landlord carries out major work to a property involving structural alterations or the installation of fixtures and/or fittings, s/he may be required to meet standards laid down in the building regulations. [2]

The standards that must be met vary according to the kind of work that is being done. In some cases the landlord will need to obtain a warrant and certificate of completion from the building standards department of their local authority. [3] If a tenant is unhappy with any major work that has been carried out on their home they should ask their landlord to correct the defect. If s/he fails to do so the tenant may be able to report a possible failure to comply with the regulations to the building standards department of their local authority. The local authority, however, is not obliged to enforce the standards. [4] Whether they choose to will depend upon various factors including the severity of the breach and whether it constitutes a threat to safety.

If repair or improvement work is of such a poor standard that damage to property or personal injury results, or continues to occur, then action for damages could be considered.

The landlord's duty is to carry out repairs within a reasonable period of time, having become aware of the need for them. S/he is not in breach of this duty to repair 'until the defect is brought to his notice and he failed to remedy it'. [5]

What is a reasonable time will depend on the nature of the repair required and all other circumstances. Some local authorities and housing associations have repair guidelines indicating what are considered urgent repairs and giving a time frame within which they should be carried out. There is some case law on what a reasonable period might be. In one case nine months to repair a defective ceiling was considered unreasonable, [6] while in another case the Court of Appeal held that two months from notification of the repair required was a reasonable period of time. [7] A tenant who has a Scottish secure tenancy has the right to have some repairs carried out in specified period of time. [8]

If a landlord is deliberately delaying repair work (or has started repairs or improvements but not finished them) in order to harass the tenant to make them leave, the tenant could consider taking action under the Rent (Scotland) Act 1984 or the Protection from Harassment Act 1997. The tenant has both these civil remedies available and could also report the matter to the police, as harassment is a criminal offence. For more information, please see the section on harassment.