What is the repairing standard?

A property will satisfy the repairing standard if it complies with all of the following: [1]

• it meets the tolerable standard

• it is wind and watertight and reasonably fit for human habitation

• it is structurally and externally in a reasonable state of repair and in good working order

• it has a fixed heating system that is plumbed in or hardwired

• the installations for the supply of water, gas, electricity (including residual current devices), and any other type of fuel, for sanitation, heating and hot water are in a reasonable state of repair and in good working order

• it is free of lead pipes from the boundary stopcock to the kitchen tap

• any fittings, fixtures or appliances supplied by the landlord as part of the tenancy are in good working order

• any furniture provided by the landlord can be used safely for the purpose for which it was designed

• there is satisfactory provision for and convenient access to spaces for food storage and food preparation

• common parts can be safely accessed and used

• common doors are secure and fitted with satisfactory emergency exit locks

See the Scottish Government's statutory guidance on the repairing standard for more detail on the requirements.

If the tenanted property is a flat, the repairing standard will apply to the structure and exterior of the flat itself and any part of the building that the owner of the flat is responsible for maintaining alone or as a shared responsibility. [2] If the tenant wishes to argue that part of the building does not meet the repairing standard, they must be entitled to use that part and be adversely affected by the disrepair.[3]

Fire and carbon monoxide detection

The provision of giving warning about fire and carbon monoxide moved from the repairing standard [4] to the tolerable standard on 1 February 2022 [5]

The landlord is required to undertake a pre-tenancy inspection to identify any work that needs to be carried out to ensure that the property meets the repairing standard. If any work is required, this must be intimated to the new tenant. [6]

The landlord is also required to provide the new tenant with written information about the landlord's duty to carry out repairs and maintain the property to the repairing standard. This information must be provided no later than the beginning of the tenancy. [7]

The landlord has a duty to ensure that the property meets the repairing standard at all times during the tenancy. [8] The duty will only apply if the tenant notifies the landlord, or the landlord becomes aware, that there are repairs required. [9]

Work must be completed within a reasonable period of the landlord being notified or becoming aware of the work required. [10] Any damage caused while carrying out repairs must be made good. [11]

The landlord will not have failed in her/his duty to ensure that the property is repaired and maintained to the repairing standard if s/he has been unable to carry out the work because s/he has been unable to obtain the rights to do so, [12] for example, s/he has been unable to get access to the property.

The landlord does not have to carry out work that:

• is required because of the tenant's misuse of the property, [13] or

• has been agreed is the responsibility of the tenant in a property that has been let for a period of at least three years. [14]

All landlords must carry out an inspection of all electrical installations, fixtures and fittings provided in the tenancy. This includes any electrical items provided by the landlord. Electrical items owned by the tenant are not included.

The electrical safety inspection has two separate elements:

• An Electrical Installation Condition Report (EICR) on the safety of the electrical installations, including a visual inspection of fixtures and fittings, plus a fixed electrical equipment test, and

• A Portable Appliance Test (PAT) on portable appliances.

The landlord must give a copy of the most recent inspection report to the tenant before the tenancy begins. 

After the initial inspection, any property that is rented out must have a further inspection carried out at least once every five years. [15]