The Repairing Standard: A Legal Obligation for Landlords
The Repairing Standard is a set of legal requirements that all private rented properties must meet to ensure they are safe and habitable. Landlords in Scotland are responsible for ensuring their properties comply with these regulations. Failure to do so can result in enforcement action by the First-tier Tribunal for Scotland.
A home meets the Repairing Standard if it:
- Is wind and watertight.
- Has a structurally sound exterior.
- Has properly functioning installations for water, gas, electricity, sanitation, and heating.
- Includes safe and functional landlord-provided fixtures and appliances.
- Provides safe and accessible food storage and preparation areas.
- Ensures secure and emergency-accessible common doors.
- Has electrical inspections every five years.
- Meets the statutory Tolerable Standard.
For further details, visit the Scottish Government’s Repairing Standard Guidance.
The Tolerable Standard: New Requirements (March 2024)
In March 2024, the Scottish Government introduced new measures under the Tolerable Standard to improve housing conditions. These include:
- Safe Kitchens
- A designated food storage area (minimum one cubic metre) separate from cleaning products and drainage.
- A safe and accessible food preparation space.
- Fixed Heating System
- A permanent, plumbed, or hardwired heating system capable of maintaining 21°C in one room and 18°C elsewhere when the outside temperature is -1°C.
- Safe Access to Common Parts
- Tenants must have safe access and use of common areas in a tenement.
- Landlords must take reasonable steps to obtain consent for repairs to common parts but are not liable if permission is denied.
- Secure Common Doors
- Front doors must have a secure entry system that notifies tenants of visitors and allows remote unlocking (exempt for buildings with three or fewer flats).
- Acceptable locks include mortice locks, Yale locks, key-operated multi-point locks, or electronic/magnetic locks.
- Rear doors must also be lockable, with additional internal bolt locks permitted.
- Emergency exit locks must allow tenants to open doors from inside without a key.
- Residual Current Devices (RCDs)
- Electrical installations must include a Residual Current Device (RCD) with a maximum residual operating current of 30mA.
- RCDs significantly reduce the risk of electric shock and fire hazards.
- Lead Pipes Removal
- Water supply installations must be free from lead pipes. If uncertain, landlords must conduct a water quality test.
- Other Fuel Safety
- The duty to maintain gas and electricity installations now extends to any other type of fuel used in the property.
For more details, refer to the Scottish Government’s Housing Standards Page.
When a Property May Be Unfit to Live In
A property may be deemed unfit if it:
- Suffers from rising or penetrating damp.
- Lacks structural stability.
- Has inadequate ventilation, insulation, or heating.
- Does not have a safe water supply or proper sanitation.
- Fails to meet fire safety regulations, including interlinked smoke alarms and heat detectors.
- Lacks a carbon monoxide detector in rooms with carbon-fuelled appliances.
- Does not provide suitable cooking facilities.
Enforcing the Repairing Standard
Who Can Take Action?
- Tenants can apply to the First-tier Tribunal if their landlord fails to comply.
- Local authorities can act on behalf of vulnerable tenants.
If the tribunal finds the property non-compliant, it can issue a Repairing Standard Enforcement Order (RSEO). Failure to comply is a criminal offense. The tribunal may also:
- Notify the local authority, which can carry out repairs and recover costs from the landlord.
- Issue a Rent Relief Order, reducing the tenant’s rent until compliance is met.
Situations Where Landlord Duty May Not Apply
Landlords are not liable for repairs if:
- They cannot gain access to the property to carry out work.
- The work is necessary due to tenant misuse.
- The property has been let for at least three years, and responsibility for repairs lying with the tenant has been agreed upon in writing.
Conclusion
Ensuring compliance with the Repairing and Tolerable Standards is a fundamental responsibility for landlords in Scotland.
The 2024 updates introduce stricter safety requirements, reinforcing tenant protections. Landlords who fail to meet these standards risk legal action, fines, and potential loss of rental income.
Tenants should be aware of their rights and can take action through the First-tier Tribunal for Scotland if necessary. Maintaining high housing standards benefits both landlords and tenants by fostering safe, secure, and comfortable living conditions.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. HomeForce Property Management (HFPM) makes no representations or warranties regarding the accuracy, completeness, or reliability of the information provided. While every effort has been made to ensure the content is up to date, regulations may change, and interpretations may vary. HFPM is not responsible for any errors, omissions, or actions taken based on this article. Readers are advised to seek independent legal or professional advice regarding their specific circumstances. Links to external websites are provided for convenience and do not imply endorsement or responsibility for their content.
