The Repairing Standard

The Housing (Scotland) Act 2006 introduced a repairing standard that all properties let in the private sector must meet. On 1 December 2015 the repairing standard was updated to include specific measures for electrical safety, and fire and carbon monoxide detection.

What is the repairing standard?

This section provides a definition of the repairing standard, and looks at the landlord's duties before the start of the tenancy, and during the tenancy. 

Exceptions

This section lists the types of property that are exempt from the repairing standard. 

Contracting out

The landlord will not be able to contract out of the duty to meet the repairing standard without an order from the sheriff court. 

Enforcing the repairing standard

If a tenant feels that her/his landlord is not meeting her/his duty to carry out repairs and maintain the property to the repairing standard, s/he will be able to make an application to the First Tier Tribunal Housing and Property Chamber. 

Tribunal decision

This section examines the potential decisions that the First Tier Tribunal Housing and Property Chamber can make and discusses how a decision can be appealed. 

Enforcement orders

If the tribunal decides that a landlord has failed to comply with the duty to repair and maintain the property to the repairing standard, it will have to issue a repairing standard enforcement order (RSEO). 

Local authority powers

The local authority will be able to carry out work that the landlord has been required to undertake but has failed, or has been unable, to do. 

Completion of work

When the landlord completes the work required by the repairing standard enforcement order, s/he will be able to apply to the First Tier Tribunal Housing and Property Chamber for a completion certificate. 

Failure to comply

It will be for the First Tier Tribunal Housing and Property Chamber to establish whether the landlord has failed to comply with the repairing standard enforcement order. 

Rent relief orders

If the tribunal determines that the landlord has failed to comply with a repairing standard enforcement order, it will be able to issue a rent relief order reducing the amount of rent payable under the tenancy.