The Repairing Standard - Housing (Scotland) Act 2006

The Housing (Scotland) Act 2006 is another complex Act on housing legislation. The main implications for private landlords relate to the new Repairing Standard.

The Repairing Standard

Landlords are now legally obliged to offer property for let which meets certain standards as determined by this act, or face referral to the Private Rented Housing Panel.
This Panel can, amongst other sanctions, order withholding of rent.

The landlord has a legal obligation to advise the tenant of their rights under this legislation. 

A house meets the Repairing Standard if the following conditions are met.

• Wind and water tight

The house is wind and water tight and reasonably fit for human habitation (taking account of the extent to which the house falls short of any building regulations, because of disrepair or sanitary defects).

• Structure of the property is sound

The structure and exterior of the house (including drains, gutters and external pipes) are in reasonable repair and proper working order (having regard to the house's age, character and prospective life and the locality).  Where the house forms part of premises (e.g. where it is a flat), this requirement includes any part of the premises that the owner is responsible for maintaining, solely or communally; the Repairing Standard only applies if any part of, or anything in, the premises that the tenant is entitled to use could be adversely affected.

• Installations for water, gas, electricity, sanitation, heating and hot water

The installations in the property for the supply of water, gas and electricity and for sanitation, space heating and water heating are in reasonable repair and proper working order. This includes installations outside the property, but serving it, and which the owner is responsible for maintaining, solely or communally.

• Fixtures, fittings and appliances

Any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and proper working order.

• Furnishings

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

• Smoke alarms

There is satisfactory provision of smoke alarms. There are more details on this here.