Applications about repair issues and the 'repairing standard'
A landlord in the private rented sector has a duty to ensure that the house they rent out meets the repairing standard. If a tenant or third party (for the time being a Local Authority) believes that a rented house does not meet that standard, an application can be made to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a decision by a tribunal on whether or not the landlord has complied with that duty. The tribunal can then order the landlord to carry out the necessary repairs. Various enforcement powers apply if the landlord then does not do so. A house meets the repairing standard if:-
a) The house is wind and watertight and in all other respects reasonably fit for human habitation
b) The structure and exterior of the house (including drains, gutters and external pipes) are in a reasonable state of repair and in proper working order.
c) The installations in the house for the supply of water, gas, electricity (including residual current devices) and any other type of fuel and for sanitation, space heating by a fixed heating system and heating water are in a reasonable state of repair and in proper working order.
d) Any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order.
e) Any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed.
f) and g) removed
h) The house meets the tolerable standard.
i) Any common parts pertaining to the house can be safely accessed and used.
j) The house has satisfactory provision for, and safe access to, a food storage area and a food preparation space.
k) Where the house is in a tenement, common doors are secure and fitted with satisfactory emergency exit locks
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