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) it 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 and electricity and for sanitation, space heating 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) the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire, and
(g) the house has satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health
(h) the house meets the tolerable standard
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