Electricity, gas and water
Inevitably, 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 to a tenant.
Use of services
If a tenant objects to the landlord's workers using their services because the usage is excessive or continues for a long time, s/he could make arrangements with the landlord to ensure s/he is not solely responsible for the cost of power used during repair works. However it should be remembered that the tenant's obligation is to give reasonable facilities for executing repairs.
This does not apply to improvements and agreement should be made with the landlord about any additional costs incurred.
Cutting off supplies
Under the Rent (Scotland) Act 1984, a landlord may be guilty of an offence by cutting off supplies to a tenant.
Work to a property could result in something 'likely to interfere with the peaceful comfort of the residential occupier... or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence'. [1] The persistent withdrawing or withholding of services reasonably required for the occupation of the premises could include cutting off the gas, oil or electricity supply, or disconnecting the doorbell and preventing the use of a lavatory. Thus if a landlord has unnecessarily withheld services during repair works s/he may have committed an offence and be liable for damages.
Last updated: 29 December 2014