Repairing Standard for Private Landlords

Designed primarily to help tenants, this order may also be useful in getting landlords to deal with common repairs. It can only be served by your local council.

When used

This order is used only with private landlords.  The focus of the order is on the tenant’s living condition rather than other owners’ concerns about a landlord not paying their share of common repairs.  But some Councils interpret this quite widely. 

The Standard can include common property repairs but landlords may try and argue they are prevented from carrying out such works due to other owners.

Holiday and Air BNB type lets are now also covered by the Repairing Standard.

Criteria

The criteria relevant to common repairs are:

  • The house is wind and water tight and in all other respects fit for human habitation
  • The structure and exterior of the house (including drains, gutters and external pipes) are in reasonable repair and proper working order .
  • Where the house forms part of premises (e.g. a flat),the Repairing Standard can be used against any part of the premises that the owner is responsible for maintaining, solely or communally, as long as the tenant is entitled to use this part of the building.

"In all other respects" can be interpreted widely - it could include stairs that have become so dangerously worn that they are a hazard to tenants as well as other users.

The use of this order can have serious implications for landlords in that they can prevented from renting out the flat.

Enforcing the Repairing Standard

Councils have powers to refer offending landlords to the First Tier Tribunal (Housing Chamber) where the tenant will not do so or where neighbours are affected. If the Tribunal makes a Repairing Standards Enforcement Order, notification will be put on property's Title Deed by the Registers of Scotland. Failure to comply with the Repairing Standard is also a criminal offence.

Contact your Council

First Tier Tribunal

More about private landlords

Renting Scotland Website

Legal reference

S14(a) (b)(3) Housing (Scotland) 2006