Private residential tenancy model agreement: easy read notes
Information about the statutory and discretionary clauses in the model private residential tenancy agreement.
20. Access for Repairs, Inspections and Valuations
The tenant must by law let the landlord (or their workmen or advisers) have reasonable access onto the property for "authorised purposes".
Authorised purposes are:
- carrying out work in the property which the landlord must carry out or is allowed to carry out, in either case by law or in terms of the tenancy or in terms of any other agreement between the landlord and the tenant;
- checking the property to see whether any work needs to be done - for example repairs; and
- carrying out a valuation of the property.
The tenant should be given at least 48 hours' notice before this happens - unless it is an emergency. If it is an emergency, then less than 48 hours' notice might be given, or immediate access might be needed (with no notice beforehand). An emergency might include a dangerous electrical fault or a burst water pipe in the property which is flooding the property or any flat below it. Emergencies are repairs that are causing danger or, if left, are likely to cause damage to the property or property nearby if they are not repaired quickly.
Reasonable access, for non-emergency work, would generally mean access during the working day (8 a.m. to 6 p.m.) Monday to Friday. If both landlord and tenant agree, then the tenant could allow access outwith such times if this would allow work to be done more quickly.
A landlord will usually hold a set of keys for the property. However, unless it is for an emergency, the landlord is not allowed to use those keys to enter the property without the tenant's consent.
If the tenant does not give consent then the landlord can apply to the Tribunal for an order to take access. The Tribunal will try and agree a date for access with the tenant. If the tenant refuses to agree a date for repairs than the Tribunal can fix a date when the landlord can enter.
Contact
Email: housing.legislation@gov.scot
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