This information applies to Scotland only.
This page tells you how to get a repair done and what your landlord's responsibilities are.
Check your tenancy type
If you're thinking about taking action about disrepair in your home, you should first check what type of tenancy you have.
You'll have either:
- a public-sector tenancy - with a local council or housing association
- a private-sector tenancy - with a private landlord or letting agency.
You canuse the tenancy checker on the Shelter website.
Some tenants with a private landlord - for example, in short assured tenancies - have few rights to stay in their home at the end of the tenancy agreement. This means it's easier for the landlord to ask the tenant to leave.
You can get expert advice at your localCitizens Advice Bureau. An adviser can check if you can try to have repairs done without the risk of losing your accommodation. They'll also be able to check if your landlord is obliged by law to carry out the repair. If you think discrimination is involved, you should mention this to the adviser.
What private landlords are responsible for
Your landlord must make sure that your home meets the repairing standard and the tolerable standard. Find out more about the tolerable standard on mygov.scot.
To meet the repairing standard, the landlord must make sure that:
- the property is wind and watertight
- the structure and outside of the property are in reasonable condition - including drains, gutters and external pipes
- there’s a fixed heating system that is in reasonable condition and working properly
- installations for gas, electricity and any other fuel are in reasonable repair and working properly
- installations for water, heating water and sanitation are in reasonable repair and working properly
- fixtures, fittings and appliances provided by the landlord are in reasonable repair and working properly
- any furnishings provided as part of the tenancy are safe to use
- there's safe and convenient access to spaces for food storage and food preparation, including space to install appliances like a cooker and fridge
- any common areas are safe to access and use, such as common closes and shared gardens
- any common doors are secure and fitted with safe emergency exit locks.
Your landlord must provide and maintain smoke detectors,carbon monoxide detectors and alarms. They must carry out electrical safety inspections that meet building regulations and Scottish government guidance.Find out more about fire safety if you’re renting, on mygov.scot.
If your home does not meet the repairing standard
If your landlord doesn't meet the repairing standard, despite having been told about any problems, you can complain to the First-tier Tribunal for Scotland (Housing and Property Chamber). There's moreinformation about the repairing standard on the First-tier Tribunal website.
Your landlord normally shares responsibility with other owners for repairs to common parts of the building, for example stairways, lifts, hallways or garden paths shared with other tenants, owners or the landlord. But if your landlord can't carry out repairs to a common area because most owners haven't given their consent, the property won't fail the repairing standard.
Your landlord has these duties by law, no matter what's written in your tenancy agreement. But if you ask your landlord to do these repairs, they might try to repossess your home or not renew the agreement when it expires. Before trying to use this general right to repairs, you should get advice from an experienced adviser, for example at aCitizens Advice Bureau.
What public-sector landlords are responsible for
Most public-sector tenants are Scottish secure tenants. As a Scottish secure tenant, you're entitled to have your accommodation kept in a reasonable state of repair.
If you're not sure what type of tenancy you have, you canuse the tenancy checker on the Shelter website. You can also get the help of an experienced adviser, for example at a Citizens Advice Bureau.
Some repairs are almost always the landlord's responsibility, whether or not they're written in the tenancy agreement.
The landlord is responsible for:
- the structure and outside of the premises - such as walls, floors, roofs, drains, gutters and outside pipes as well as garden paths and steps. If the property is a house, this also includes the main access to it, such as steps from the street
- water and gas pipes and electrical wiring - including taps and sockets
- basins, sinks, baths and toilets
- fixed heaters - for example, gas fires - and water heaters, but not gas or electrical cookers.
If you rent from a public-sector landlord, find out about smoke and heat alarms on mygov.scot.
A public-sector landlord is notresponsible for:
- repairs to anything that has been damaged carelessly. If the landlord does do the repairs, they can charge for the cost
- repairs to items which you can remove from the premises, for example your own electric or gas fire.
As a Scottish secure tenant, you have the right to have certain repairs done in a specified time. This is called the Right to Repair.
The Right to Repair scheme covers urgent repairs costing less than £350 which would affect your health, safety or security if they weren't carried out in a specified period. The scheme includes blocked drains, leaking roofs, broken entry phones and faulty heating systems. You can find moreinformation about the Right to Repair scheme on the Scottish government website.
The specified time ranges from one to seven working days, depending on the type of repair. You might be able to organise the repairs yourself and claim compensation up to a maximum of £350 from your landlord. Before getting any work done yourself, you should check that the repairs are covered by the Right to Repair scheme. If the repair isn't in the scheme, the landlord doesn't have to repay you.
There's moreinformation about getting your public-sector landlord to do repairs on the Shelter website.
Disabled tenants
If you're a disabled public-sector tenant, you might be able to have adaptations made to your home. The local council department responsible for social work will first have to assess the need for any adaptations. These could include the installation of a stair lift or hoist, or changes to a bathroom or toilet.
If you want to get an adaptation, you should consult an experienced adviser, for example at aCitizens Advice Bureau.
You might also be able to get a grant to make your home more suitable.
If you're a disabled private-sector tenant, you're entitled to help for improvements and possibly repairs under the Scheme of Assistance. The scheme provides ways for local councils to deal with private housing that is in disrepair, is below the tolerable standard, or needs adaptations for a disabled person.
More about the scheme of assistance.
How to ask for repairs
If your home needs repairs, the first step is to talk to your landlord. It might be worth trying to negotiate with your landlord, even if they don't have a legal duty to carry out a repair.
You should write to the person who deals with maintaining the property - this might be your landlord or their letting agent. Write them a letter or email with:
- the date - if it's a letter
- an explanation of what needs to be repaired
- pictures of the damage or problem
- a request for a repair or replacement
- a request for a response in a specified time if they're a private tenant or the repair isn't covered by the Right to Repair scheme - 14 days is usually reasonable
- a reminder of your right to have certain repairs carried out in a specified time if you're a public-sector tenant and the repairs are covered by the Right to Repair scheme.
You could use the sample letter for reporting repairs on the Shelter website.
Keep a copy of your email or letter. If you don't know who your landlord is, seeProblems with your landlordfor how to find their name and address.
If the landlord doesn't do the repairs after you ask, there's more action you can take.
If your landlord hasn't done repairs you've asked for
The action you can take depends on what type of tenancy you have.
If you're a public-sector tenant
Collect all the evidence you can that the repair needs to be done. Then you can:
- use the Right to Repair scheme
- use the complaints procedure - details about how to do this should be in the tenants' handbook
- complain to your local councillor
- complain to the Scottish Public Services Ombudsman
- take court action to make the landlord do the repair - for example, because it's causing a nuisance or is harmful to health
- do the repair yourself and charge your landlord for the cost - but only if your landlord is meant to do the repair
- take action with other tenants who have a similar problem
- withhold rent - though you have no right to do so
- claim compensation for a number of reasons, such as being inconvenienced.
There's moreinformation about getting a repair done on the Shelter website.
For information about your rights if you're disrupted while the repairs are being done, see the Shelter website.
You can also get help from an experienced adviser, for example at aCitizens Advice Bureau.
If you're a private tenant
Collect all the evidence you can that the repair needs to be done. Then you can:
- send a second request saying that your next step will be tocomplain to the First-tier Tribunal for Scotland (Housing and Property Chamber)
- apply to the First-tier Tribunal - there's moreinformation about the repairing standard on the First-tier Tribunal website
- check if the local council can enforce the repair - this might be possible if the repair is needed to keep the property to a tolerable standard or to meet the repairing standard
- ask the local council to take court action because the repair is causing a nuisance or is harmful to health
- do the repair yourself and charge your landlord for the cost - but only if your landlord is meant to do the repair
- take action with other tenants who have a similar problem
- withhold rent - though you have no right to do so.
If you don't allow your landlord reasonable access to inspect and carry out repairs to meet the repairing standard, your landlord might be able to ask the First-tier Tribunal for help. This is called using the right of entry. You'll be able to explain to the tribunal why you think it's inappropriate or unnecessary for your landlord to use the right of entry. There's moreinformation about the right of entryon the First-tier Tribunal website.
You can also get help from an experienced adviser, for example at aCitizens Advice Bureau.
