The repairing standard should not be ignored. It imposes obligations and duties on landlords before and during a tenancy agreement. Failure to comply with the repairing standard because a landlord did not know the extent of their obligations is no excuse in the eyes of the law. If you are a tenant struggling to get repairs carried out to your tenanted property, then the repairing standard provides remedies.
Our expert solicitors specialise in resolving landlord and tenant disputes, often involving repair claims with counter allegations about rent arrears or a tenant’s noncompliance with the tenancy agreement.
We provide a results-driven service, focused on sorting out repairing standards claims quickly and efficiently.
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Call us on 0141 478 9090 for our Glasgow office, 01224 002 556 for our Aberdeen office or click here to make a free online enquiry for immediate assistance.
The Law on Repairing Standards in Scotland
The Housing (Scotland) Act 2006 introduced a repairing standard that all properties let in the private sector must meet. A residential tenanted property in Scotland will meet the repairing standard if it is:
- Wind and watertight
- Reasonably fit for human habitation
- Structurally and externally in a reasonable state of repair and in good working order
- The installations for the supply of water, gas, electricity, sanitation, heating, and hot water are in a reasonable state of repair and in good working order
- The fittings, fixtures, or appliances supplied by the landlord as part of the tenancy agreement are in good working order
- Any furniture provided by the landlord can be used safely for the purpose for which it was designed
- The property meets what is referred to as the tolerable standard
Landlords need to be aware of the legislation and Scottish government guidance. Our specialist landlord and tenant solicitors advise landlords and letting agents on the repairing standard to reduce the risk of lease disputes and Tribunal claims.
The Tolerable Standard for Tenanted Property in Scotland
The tolerable standard criteria are contained in the Housing (Scotland) Act 1987. A privately rented property must meet all the tolerable standards before and during the tenancy agreement.
Examples of tolerable standard criteria include:
- The property should be substantially free from rising or penetrating dampness. (This is not the same as being totally free of dampness and the criteria do not extend to dampness caused by condensation provided the property has satisfactory provisions for ventilation and heating)
- The property should have satisfactory cooking facilities. (A cooker does not have to be installed at the property if it is not part of the tenancy agreement but there must be a means of installing a gas or electric cooker)
- The property must have satisfactory equipment installed for detecting and warning about fire or carbon monoxide
The tolerable standard can lead to disputes between landlords and tenants. For example, about the degree of dampness and whether the cause is down to windows not being opened due to the Scottish weather or because of a structural problem, such as a leaking roof.
Our landlord and tenant dispute solicitors advise landlords and tenants on the repairing standards. We focus on dispute resolution through negotiation, mediation, and arbitration to ensure repairing standard disputes are resolved as quickly and as economically as possible.
Get in touch with us and we’ll provide you with the professional advice and support you need to understand your obligations, rights, and options.
Meeting the Repairing Standard in Residential Tenanted Property
Problems can occur even when a landlord is committed to meeting the repairing standard. For example, if the landlord is unable to access the property for repairs and improvements to the property or if the tenant’s belongings are damaged because of dampness or during repair work to the property.
These types of disputes can escalate causing major stress for a tenant and frustration for a landlord or their letting agent. Our expert landlord and tenant dispute solicitors stress that it is important to take specialist legal advice as soon as possible so disputes can be resolved with the minimum disruption and expense.
Enforcing the Repairing Standard
If a tenant believes that their landlord has not met the repairing standard, they can make an application to the First-tier Tribunal Housing and Property Chamber. If the Tribunal decides a landlord has not met the repairing standard the Tribunal will issue a Repairing Standard Enforcement Order (RSEO) requiring the landlord to carry out work to bring the property up to the required standard.
Our landlord and tenant dispute solicitors can help you with:
- Representation at First-tier Tribunal hearings
- Applications by landlords to the Court to contract out of the repairing standard
- Reviews of First-tier decisions
- Appeals against RSEOs to the Upper Tribunal
- Applications for rent relief orders
- Applications for certificates of completion
Whether you need advice as a tenant, landlord, or letting agent, our specialists can answer all your repairing standard questions and, if necessary, help you resolve your dispute or represent you in Tribunal proceedings.
Make a Free Enquiry Today with our Landlord and Tenant Solicitors
Kee Solicitors are specialist landlord and tenant lawyers and are here to help you.
Please either call us on 0141 478 9090 for our Glasgow office, 01224 002 556 for our Aberdeen office or click here to make a free online enquiry for immediate assistance.