Scottish secure tenants' right to adapt the property

Although a Scottish secure tenant has the right to decorate their property, if they intend to carry out any 'works' or adaptations they must obtain written consent from the landlord. [1]

Work on the property could includes altering, improving or enlarging the property or any of the fixtures and fittings, adding new fixtures and fittings, or erecting a garage, shed or other structure.

It does not mean repairing or maintaining any of these items. [2]

The right to apply for consent to carry out work would include consent to any disability-related work. If the work required to the property could be classed as an auxiliary aid, for example fitting new taps or door handles, the landlord may have a duty to carry this out themselves. See the page on auxiliary aids for more information.

A tenant who wishes to carry out work in the property must apply to the landlord in writing, including details of the proposed work. [3]

The landlord can consent; consent with reasonable conditions attached, or refuse consent (providing it is not refused unreasonably). [4]

If the landlord is considering consenting, but with conditions attached, s/he must consider:

• the age and condition of the house

• the cost of complying with the condition

• any guidance issued by Scottish Ministers. [5]

A condition may specify the standard to which the work must be carried out. [6]

The landlord must give her/his decision within one month of receiving the application. [7] If the landlord fails to give her/his decision within one month, it can be assumed that s/he has consented to the decision. [8]

The Equality and Human Rights Commission may be able to arrange conciliation services if there is a dispute regarding the landlord refusing to give consent or any conditions that are attached to the consent.

A tenant who is not happy with the landlord's decision may appeal to the Sheriff Court by summary application within 21 days of being notified of the decision. [9]

The court can order the landlord to consent to an application, or withdraw a condition from the consent unless the sheriff agrees that the landlord's decision was reasonable. [10] In deciding whether refusing consent or attaching a condition is reasonable, the court must have regard to:

• the safety of the occupiers in the property and any other properties

• any expenditure the landlord is likely to incur as a result of the work

• whether the work will reduce the value of the property or make it harder to re-let or sell

• any effect the work will have on the size of the accommodation in the house. [11]

If consent has been requested on the basis that the work is required to make the property more suitable for a person with a disability, the court must also have regard to any code of practice produced by the Equality and Human Rights Commission. [12]

The Equality and Human Rights Commission may also be able to provide advice and representation to tenants wishing to appeal.

At the end of the tenancy the landlord may reimburse the tenant in respect of improvement work carried out in the property. [13] The amount of the payment must not exceed the cost of the work carried out minus the amount of any grant that may have been paid. [14] If the tenancy has ended because the tenant has died, payment may be made to the tenant's representatives. [15]

Where a tenant, with the consent of the landlord, has carried out improvement work to her/his property, s/he can be compensated for this at the end of the tenancy. [16] There are specific regulations that set out work that qualifies, the amount of compensation, circumstances where compensation will not be paid, and a disputes procedure. [17]