The Repairing Standard Legislation for Landlords:

Introduction

Edinburgh’s vibrant property market is home to a diverse range of private rental options, from Georgian townhouses in the New Town to modern apartments in Leith. With over 60,000 private rented homes in the city, ensuring that these properties are safe, secure, and habitable is essential. The Repairing Standard part of Scotland’s housing legislation plays a crucial role in setting the bar for minimum conditions in private rented homes.

While often mentioned in the same breath as the Tolerable Standard, the two are distinct. The Tolerable Standard is a basic minimum applied to all housing in Scotland, whereas the Repairing Standard imposes more specific requirements on private landlords. For Edinburgh landlords, being compliant isn’t just good practice—it’s the law. And for tenants, it’s a crucial safeguard.

This article provides a detailed summary of the Repairing Standard legislation, explores its implications for Edinburgh’s private rental sector, and clarifies how it differs from the Tolerable Standard.

What is the Repairing Standard?

The Repairing Standard is a benchmark that private landlords in Scotland must meet to ensure their properties are suitable for tenants. It was introduced under the Housing (Scotland) Act 2006, and it places a duty on landlords to keep their properties in good condition, both at the start and throughout the duration of a tenancy.

The standard covers a wide range of issues—structural stability, safety of installations, energy efficiency, and more. If a property fails to meet this standard, tenants can take their case to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Key Requirements of the Repairing Standard

As of 2024, the Repairing Standard requires landlords to ensure that:

1. The property is wind and watertight

This includes having a roof, windows, and doors that prevent water and draughts from entering the building.

2. The structure and exterior are in a reasonable state of repair

Landlords must maintain walls, roofs, external pipework, and other key structural elements.

3. Installations for water, gas, electricity, sanitation, and heating are in proper working order

These must be safe, functional, and regularly serviced. This includes boilers, radiators, electrical wiring, and plumbing.

4. The property has satisfactory provision for detecting fires and carbon monoxide leaks

Landlords must provide interlinked smoke and heat alarms in key locations, and carbon monoxide alarms where fuel-burning appliances are present.

5. There is satisfactory provision for ventilation

Rooms must be adequately ventilated to reduce damp and condensation, particularly kitchens and bathrooms.

6. Fixtures and fittings are in a reasonable state of repair and in proper working order.

This includes internal doors, floors, worktops, and storage facilities.

7. Furniture provided meets the Fire Safety Regulations.

All soft furnishings supplied must carry appropriate fire safety labels.

8. The property meets the Tolerable Standard

Though distinct, compliance with the Tolerable Standard is a basic pre-requisite within the Repairing Standard.

9. Safe electrical installations and annual checks.

Landlords must ensure a qualified electrician carries out checks and provides an Electrical Installation Condition Report (EICR)  every five years.

10. Safe gas installations 

Gas appliances must be inspected annually by a Gas Safe registered engineer.

11. Legionella risk assessments

Though not specifically mandated in the same way as gas or electric checks, landlords have a duty to assess and mitigate legionella risks in water systems.

Recent and Upcoming Changes (2024–2025)

• The Repairing Standard is subject to continual refinement as Scottish housing policy evolves. Notably:
• Interlinked Smoke Alarms became mandatory as of February 2022, with enforcement focusing more strictly by 2024.
• Enhanced energy efficiency targets have been introduced as part of Scotland’s move toward net-zero. Landlords must now take steps to reduce heat loss and improve insulation.
• Private landlords will soon be required to ensure that common repairs in tenements are not neglected, even if co-owners are slow to act—a big shift, especially relevant in Edinburgh’s many shared buildings.
• Bathroom and kitchen standards will also be tightened from 2025, requiring fixed heating systems and improved ventilation in all private rented properties.

The First-tier Tribunal: Enforcement and Tenant Rights

If a tenant believes that their property does not meet the Repairing Standard, they have the right to report it to the Housing and Property Chamber of the First-tier Tribunal for Scotland. The tribunal can order landlords to carry out necessary repairs and may even issue a Repairing Standard Enforcement Order (RSEO).

For Edinburgh tenants, this is a powerful tool – especially in areas where the property stock is older, and maintenance issues are more likely to arise.

Landlords must comply with RSEOs or face being listed in the Scottish Landlord Register as non-compliant, which can lead to further legal and financial penalties.

The Repairing Standard vs. The Tolerable Standard

It’s important to distinguish between these two sets of legislation:

TOLERABLE STANDARD	REPAIRING STANDARD
Applies to all housing in Scotland (public and private).	Applies specifically to private rented sector.
Introduced under the Housing (Scotland) Act 1987.	Introduced under the Housing (Scotland) Act 2006.
Sets a very basic level of habitability (e.g., running water, no serious damp, basic lighting).	More detailed and includes safety checks, ventilation, fire and carbon monoxide detection, etc. |
Enforced by local authorities.	Enforced via the First-tier Tribunal.

In essence, the Tolerable Standard is the absolute minimum for a property to be considered legally habitable. The Repairing Standard goes several steps further, specifically targeting the quality of rental accommodation.

Challenges for Edinburgh Landlords

For landlords in Edinburgh, compliance with the Repairing Standard can pose logistical and financial challenges, particularly in older tenement buildings where shared responsibilities and historic construction create barriers to modernisation.

• Shared repairs in tenements: One of the major issues arises when repairs affect communal areas, such as roofs or stairwells, which require agreement among co-owners.
• Historic buildings: Properties in conservation areas or listed buildings may face restrictions that complicate upgrades (e.g., double glazing or external wall insulation).
• Student and short-term lets: The high turnover in student rentals can increase wear and tear, making consistent compliance more demanding.

Nonetheless, the onus remains on landlords to keep properties up to standard—failure to do so is not excused by heritage or co-ownership complications.

Tenant Perspective: What to Expect and How to Report

Tenants in Edinburgh have the right to expect safe, comfortable housing that meets the Repairing Standard from day one of their tenancy.

If repairs or maintenance issues are not addressed, tenants should:

1. Report the issue in writing to their landlord or letting agent.
2. Give reasonable time for repairs to be carried out.
3. If unresolved, apply to the First-tier Tribunal with supporting documentation (emails, photos, inspection reports).

The tribunal will typically arrange a hearing and may commission a property inspection. If a breach of the Repairing Standard is found, they can order the landlord to remedy it within a specific time frame.

Support and Resources

Landlords and tenants alike can seek help and advice from the following:

• City of Edinburgh Council – Private Rented Services
• Scottish Landlord Register – check landlord registration status
• Shelter Scotland – offers support for tenants
• Safe Deposits Scotland– ensures compliance with deposit protection laws
• Landlord Accreditation Scotland (LAS) – offers training and best practice guidance

Conclusion

The Repairing Standard legislation represents a cornerstone of tenant protection and housing quality in Scotland’s private rented sector, especially in a city like Edinburgh where property diversity and age present unique challenges.

While it builds on the more fundamental Tolerable Standard, the Repairing Standard is much more comprehensive—placing clear obligations on landlords to ensure that rented properties are not only liveable but safe, efficient, and well-maintained.

For landlords, staying compliant isn’t optional—it’s a legal duty that directly impacts their ability to let property. For tenants, it’s a vital set of rights that ensures their homes are up to modern living standards.

Whether you’re letting a flat in Marchmont or renting a room in Stockbridge, understanding the Repairing Standard is key to navigating Edinburgh’s private rental market confidently and responsibly.

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.