Repairing Standard: statutory guidance for private landlords

3. The Repairing Standard

3.1 The Repairing Standard has the following elements:

A. The house meets the Tolerable Standard.

Housing (Scotland) Act 2006 Section 13 (1)(h)

3.2 The Repairing Standard requires that a private rented house must meet the statutory Tolerable Standard which is a basic habitability standard that all properties in Scotland must meet to ensure they are suitable for people to live in.

3.3 When determining whether the privately rented house meets the standard of repair required by the Tolerable Standard, the landlord should have regard to any guidance issued by the Scottish Government relating to the Tolerable Standard.

3.4 Annex A provides more information.

B. The house is wind and water tight and in all other respects reasonably fit for human habitation.

Housing (Scotland) Act 2006 section 13(1)(a)

3.5 The Repairing Standard requires that the house is wind and water tight and in all other respects reasonably fit for human habitation. When determining whether the privately rented house meets this part of the Repairing Standard, the landlord should have regard to the extent to which the house, by reason of disrepair or sanitary defects, falls short of the provisions of any relevant building regulations.

3.6 The landlord should have regard to any guidance issued by the Scottish Government.

3.7 Annex B provides a useful guide of requirements.

C. 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.

Housing (Scotland) Act section 13(1)(b)

3.8 The Repairing Standard requires that 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. When determining whether the privately rented house meets the standard of repair required by this part of the Repairing Standard, the landlord should have regard to (a) the age, character and prospective life of the house and (b) the locality in which the house is situated.

3.9 The landlord should have regard to any guidance issued by the Scottish Government.

3.10 Annex C provides a useful guide of requirements.

D. 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.

Housing (Scotland) Act 2006 section 13(1)(c)

3.11 The Repairing Standard requires that 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.

3.12 When determining whether the privately rented house meets the standard of repair required by this part of the Repairing Standard, the landlord should include installations outwith the house, which, directly or indirectly, serve the house and which the owner is responsible for maintaining (solely or in common with others) by virtue of ownership, any real burden or otherwise.

3.13 The landlord should have regard to any guidance issued by the Scottish Government.

3.14 Annex D provides a useful guide of requirement, it includes specific advice for each sub-element as follows -

D1. Installation for the supply of water (including the condition of pipes)

D2. Installation for the supply of gas

D3. Installation for the supply of electricity (including residual current devices, electrical fixtures, fittings and appliances)

D4. Installation for the supply of other fuels

D5. Installations for sanitation

D6. Installations for space heating by a fixed heating system

D7. Installations for heating water

E. Any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order.

Housing (Scotland) Act 2006 section 13 (1)(d)

3.15 The Repairing Standard requires that any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order. Landlords are not required to provide appliances but when determining whether the privately rented house meets the standard of repair required by this part of the Repairing Standard, the landlord must ensure any appliances provided are in reasonable condition and working properly.

3.16 The landlord should have regard to any guidance issued by the Scottish Government.

3.17 Annex E provides a useful guide of requirements.

F. Any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed.

Housing (Scotland) Act 2006 section 13(1)(e)

3.18 The Repairing Standard requires that any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed. Landlords are not required to provide furnishings but when determining whether the privately rented house meets the standard of repair required by this part of the Repairing Standard, the landlord must ensure any furnishings they provide are safe to use for the intended purpose.

3.19 The landlord should have regard to any guidance issued by the Scottish Government.

3.20 Annex F provides a useful guide of requirements.

G. Satisfactory provision for, and safe access to a food storage area and a food preparation space.

Housing (Scotland) Act 2006 Section 13 (1)(j)

3.21 The Repairing Standard requires that the house has satisfactory provision for, and safe access to, a food storage area and a food preparation space. When determining if the house meets this element of the Repairing Standard, the landlord should ensure the tenant can safely access food storage and food preparation space.

3.22 The landlord should have regard to any guidance issued by the Scottish Government.

3.23 Annex G provides a useful guide of requirements.

H. Common parts pertaining to the house can be safely accessed and used.

Housing (Scotland) Act 2006 Section 13(1)(i)

3.24 The Repairing Standard requires that any common parts pertaining to the house can be safely accessed and used. When the privately rented house is a flat in a tenement and the tenancy agreement includes the use of common parts such as common closes and shared gardens, the tenant must be able to safely use and access these areas.

3.25 The landlord should have regard to any guidance issued by the Scottish Government.

3.26 Annex H provides a useful guide of requirements.

I. Where a house is in a tenement, common doors are secure and fitted with satisfactory emergency exit locks.

Housing (Scotland) Act 2006 Section 13 (1)(k)

3.27 The Repairing Standard requires that where a house is in a tenement, common doors are secure and fitted with satisfactory emergency exit locks. When determining if the house meets the standard of repair required by this part of the Repairing Standard, the landlord must ensure that the type of emergency exit locks fitted allows tenants to open them from the inside without a key so that they do not inhibit exit in the event of a fire.

3.28 The landlord should have regard to any guidance issued by the Scottish Government.

3.29 Annex I provides a useful guide of requirements.