Repairing Standard: statutory guidance for private landlords

6. Repairing Standard – enforcement

6.1 Responsibility for enforcement of the Repairing Standard lies with the First-tier Tribunal for Scotland (FTT) (Housing and Property Chamber) administration is carried out by staff of the Scottish Courts and Tribunals Service.

6.2 Where a tenant believes the Repairing Standard is not being met in the house they rent from a private landlord, they can apply to the FTT (Housing and Property Chamber) for a determination. Where a tenant feels that they are vulnerable, they can contact their local authority who have powers to apply to the tribunal on their behalf.

6.3 The FTT will consider a case and, where deemed appropriate, will enforce repairs by issuing the private landlord with a Repairing Standard Enforcement Order (RSEO). It is a criminal offence to fail to carry out repairs required under an RSEO without reasonable excuse. If the tribunal decides there has been a failure to comply with the RSEO, the tribunal will send a copy of the failure to comply decision to the local authority, who can decide to carry out work and recover costs from the landlord. If there is a tribunal decision that the private landlord has failed to comply with the RSEO, the tribunal may also issue a Rent Relief Order restricting the rent payable until the RSEO has been complied with. A Rent Relief Order is not retrospective.

6.4 Private landlords are required to register with their local authority, under Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004, to ensure that they are "fit and proper" to be letting property. Although legislation regarding landlord registration is set by the Scottish Government, it is the responsibility of the local authority to investigate and take any necessary action arising from complaints from tenants of private rented properties.

6.5 If a landlord needs to access a property to carry out repairs or check the condition of the property and access can’t be agreed with the tenant, the landlord should apply to the First-tier Tribunal for Scotland for help with access using the Right Of Entry procedure – see Right of Entry - Housing and Property Chamber.