Standard of Repair on Rented Properties

Legal Matters
with Mitchells Roberton Solicitors

Martin McClellan of Mitchells Roberton Solicitors takes us through the new guidance on the standard of repair we should expect on rented properties.

The Scottish Government have recently published statutory guidance on the “Repairing Standard” = the minimum level of repair a house/flat must achieve to be used as privately rented accommodation in Scotland. The standard must be met at the start of a tenancy and at all times throughout the tenancy. 

New obligations on landlords are to be imposed from 1 March 2024 in relation to the habitability and repair of private rented accommodation, together with remedies for breaches of those obligations. 

Some of the new measures that private landlords must ensure are met from the above date are:

• safely accessible food storage and food preparation space;
• the property must have a fixed heating system capable of maintaining a temperature of 21⁰C in one room (and 18⁰C elsewhere) when the outside temperature is -1⁰ C;  
• the tenant must be able to safely access and use any common parts of a tenement; .  
• common doors must be secure and fitted with satisfactory locks and must be able to be opened from the inside without a key to ensure safe exit in the event of a fire; 
• installations for the supply of electricity must include a Residual Current Device, which automatically switches off electricity if there is a fault. This offers greater protection than ordinary fuses or circuit/breakers;  
• installations for the supply of all fuel types (e.g. LPG, oil, coal, wood, Biomass) must be in a reasonable state of repair and proper working order. 

The following are exceptions from the Repairing Standard:

• when the landlord is sharing their own home;
• a dwelling that is not part of a building (e.g. a mobile home);
• social housing and short-term holiday lets;
• it does not apply when a majority of flat owners in a tenement have refused consent to carry out works needed to otherwise comply with the standard.  

The Repairing Standard is now, more than ever, a daunting set of standards with which landlords are required to comply. The new measures come into force in less than 12 months so it is crucial that private landlords act promptly to be prepared for these. 

Note: This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. If you would like us to advise you on any of the matters covered in this material, please contact Martin McLellan: email martin@mitchells-roberton.co.uk

If you have any questions on the standard of repair on rented properties contact –

Mitchells Roberton Solicitors
George House
36 Hanover Street
Tel – 0141 552 3422
w:mitchells-roberton.co.uk

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