Repairing and maintaining your home
Repairs to rented properties
Both landlords and tenants have obligations with regard to property maintenance.
Tenants are expected to keep the property that they rent in a clean, tidy and well-ventilated state, and to adhere to the conditions of their rental agreement.
Landlords have a duty to carry out repairs to keep the property in a habitable condition.
The , contained in the Housing (Scotland) Act 2006, extended the statutory and contractual repairing obligations of private landlords. It also applies to some Registered Social Landlord tenancies and tied accommodation (housing provided by an employer).
The landlord must ensure the house is wind and watertight and reasonably fit for human habitation.
- The structure and exterior, various installations, fixtures, fittings and appliances must be satisfactory.
- Furnishings provided must meet current standards
- Interlinked Smoke and heat alarms are also required.
Since September 2007, landlords have had to inform tenants in writing about the before the start of any new tenancy.
If a tenant notifies the landlord that they believe the house does not meet the Standard, the landlord will have a duty to carry out necessary work within a reasonable time. It is now easier for private tenants to make sure their landlord complies with their repairing obligations. Instead of going to court, tenants should apply to the
There is a range of useful information and downloadable forms and
Landlord’s rights of access to property
A landlord has the right to enter a property they own, even if a tenant is currently living there, if they want to:
- see what condition it's in and whether it needs work to get it to the repairing standard
- carry out any work needed to make sure the property meets the repairing standard
- carry out any work needed if they get a repairing standard order
However, they must give the tenant the correct amount of notice before they do this, unless there's an emergency.
If the tenant has a short assured tenancy or an assured tenancy, a landlord must give them 24 hours' notice before entering the property.
If a tenant has a private residential tenancy (a tenancy which started on or after 1 December 2017) the landlord must give the tenant 48 hours' notice before entering the property.
Please note - If an emergency repair is required, the landlord can claim immediate access.
Adaptations for tenants with disabilities
If a tenant or someone who lives with them has a disability, in some circumstances a landlord may be required to make physical changes to the property.
In addition, the Right to Adapt under the Housing (Scotland) Act 2006, a tenant may be able to make physical changes to the property making it suitable for them. A tenant may also have a right to take advantage of government schemes to install central heating or energy efficiency measures.
Common repairs
If the rented property shares common areas with other owners, the landlord will have obligations to contribute to their maintenance. Landlords may also need the permission or co-operation of other owners to repair problems which affect their tenants.
The details of who is responsible and in what proportions should be set out in the title deeds of each property, and can be enforced by other owners.
The Tenement (Scotland) Act 2004 provides a standard approach for handling common repairs where the title deeds are silent or unclear. The booklet gives advice on dealing with common repair obligations.
Maintaining property that you own
Owning a house brings with it a number of responsibilities.
Often, your title deeds will set out what you are responsible for in terms of looking after and repairing your property. Copies can be obtained from the .
If you live in a tenement block or other flatted property, you may have joint responsibility for communal parts of the building, as well as sole responsibility for areas which you own.
Tolerable Standard
There are set criteria that your home must meet to ensure it meets the tolerable standard. For example, it should be structurally stable, have satisfactory thermal insulation, be substantially free from penetrating or rising damp etc.
Regular Maintenance and Repairs
Regular maintenance and repairs to your property will ensure that your home is kept in a good condition. This can include for example, annual checks, ongoing maintenance and reactive work perhaps after a storm or a particularly cold winter.
You are responsible for looking after your own property. It makes sense in terms of looking after your investment and it may also be a duty you have under your title deeds.
Could your home be defective or dangerous?
If we become aware that your house has a defect that is likely to cause your property or a neighbouring property to deteriorate significantly, the Council can issue you with a defective building notice which requires you to fix the defect.
The Council can also issue a dangerous building notice where your house is a danger or a potential danger to you, the general public or buildings nearby.
If you are unhappy with the decision to issue a work notice, maintenance order or defective or dangerous building notice you can appeal to the sheriff. .
Local authorities have been provided with guidance to help them use work notices and maintenance orders and provide assistance to home owners.
Assistance from local authorities
Local authorities no longer provide mandatory grants for repairs, maintenance or improvements but can provide practical information and advice, practical assistance or financial assistance.
Assistance for owners who wish to voluntarily complete work on their home
ÓûÂþɬ Council can provide advice to owners who are looking for more information before undertaking works voluntarily. Further information can also be found here.
Other sources of advice and information
The within the Scottish Government can provide further information for home owners including information on building warrants, changes to the home (such as adding an extension or conservatory) and energy performance.
If you live in a tenement or other flatted property, Consumer Focus Scotland has produced a detailed guide called to the management of tenements in Scotland. This guide provides details on how to maintain your property and any common areas that you may be responsible for.
Shelter Scotland provides advice regarding common repairs and maintaining your property: and on property .
For further information on appealing against a local authority decision please see the on the Scottish Government website.
Care and Repair services help older and disabled owner-occupiers, tenants of private landlords and crofters to repair, improve and adapt their homes. They can help people to decide what work is required, assist to choose reliable tradesmen, help to obtain finance and oversee the work. Small repairs services may also be available.
For more information about Care and Repair in ÓûÂþɬ contact
Care and Repair,
5 Stafford Street, Oban, PA34 5NJ
Phone 01631 567780
Website:
