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Scotland

Repairing standard enforcement orders

If the First Tier Tribunal Housing and Property Chamber 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).

This content applies to Scotland

Issuing a repairing standard enforcement order 

The repairing standard enforcement order (RSEO) will specify:

  • the work required to bring the house up to the repairing standard [1]

  • any steps that the landlord must take to comply with the order [2]

  • the deadline for completing the work, which must be at least three weeks after the repairing standard enforcement order is issued. [3]

The tribunal will be able to extend the deadline for completion of work if the landlord informs it that the work will not be completed on time. The tribunal will have to be satisfied that progress has been made in carrying out the work or have received written confirmation of the date that the work will be completed. [4]

The repairing standard enforcement order will have to be entered in the appropriate land register. [5] While there is a repairing standard enforcement order in effect with regards to a property, the landlord will not be able to enter into a new tenancy without the prior consent of the tribunal. [6] If a new tenancy is entered into without the necessary consent, the landlord will have committed an offence that could result in a summary conviction and a fine. [7]

The repairing standard enforcement order will be able to be revoked if the tribunal agrees that the work is no longer necessary. [8]

Appealing against a repairing standard enforcement order

If a decision to issue a repairing standard enforcement order is appealed, the repairing standard enforcement order's effect will be suspended until the appeal is determined or abandoned. [9]

Last updated: 12 July 2017

Footnotes

  • [1]

    s.24(2)(a) Housing (Scotland) Act 2006

  • [2]

    s.24(5) Housing (Scotland) Act 2006

  • [3]

    s.24(3) and s.24(4) Housing (Scotland) Act 2006

  • [4]

    s.25(2) and s.25(3) Housing (Scotland) Act 2006

  • [5]

    s61(1)(a) Housing (Scotland) Act 2006

  • [6]

    s.28(5) and s.28(6) Housing (Scotland) Act 2006

  • [7]

    s.28(7) Housing (Scotland) Act 2006

  • [8]

    s.25(1)(b) Housing (Scotland) Act 2006

  • [9]

    s.63(2)(a) and s.63(3) Housing (Scotland) Act 2006