Private rented sector

Disrepair is often the cause of the breakdown in the landlord/tenant relationship leading to disputes on who did what, who is responsible for what and what should be done about it. Disputes benefit nobody.

Disputes cost landlords time and money to resolve.

• Disputes cost tenants stress and loss of quality of life
• Disputes cost the public authority time and money to intervene.

There are simple and straightforward administrative procedures, which if followed will help resolve matters before disputes arise.

Reporting and Responding to Repair Requests

Landlords are legally required to ensure the house meets the repairing standard throughout the tenancy. The repairing standard is detailed in our booklet Private Sector Housing Standards.

• Tenants should notify their landlords of defects and give a reasonable time for a response and for works to be carried out following the advice of the Housing and Property Chamber - First-tier Tribunal for Scotland (formally the Private Rented Housing Panel.)
• Landlords should acknowledge complaints quickly and respond to works required as soon as is practicable.
• For non emergency works access arrangements to inspect and carry out work should be agreed in advance with tenants.
• Tenants should keep a note of telephone conversations reporting repairs or copies of letter or e-mails and follow the advice of the Housing and Property Chamber - First-tier Tribunal for Scotland.
• In flats common work might require the co-operation of other owners in the block. This will add to the difficulty of getting works done. Landlords should participate in owners’ associations.

House Condition Standards for Private Rented Homes

The legal standards for private houses to meet are detailed in our information booklet Housing Standards.

A landlord has a duty to repair and maintain a property to meet the repairing standard.

If your home does not meet the repairing standard follow the procedures of the Housing and Property Chamber - First-tier Tribunal for Scotland.

Furnishings and Furniture Safety

All furnishings and furniture supplied as part of the let must comply with relevant parts of the Furniture and Furnishings (Fire) (Safety) Regulations.

Scottish Fire and Rescue will carry out free home fire safety visits for any household in the Argyll and Bute area.

How to Deal with Condition Complaints

If landlords and tenants can’t agree on issues relating to repair or house condition the Housing and Property Chamber - First-tier Tribunal for Scotland exists to adjudicate as an independent arbiter.

The Scottish Government established the Housing and Property Chamber - First-tier Tribunal for Scotland to help landlords and tenants resolve their differences and provide tenants with a way to force landlords to do necessary repairs.

There is a wealth of information for both tenants and landlords on the Housing and Property Chamber - First-tier Tribunal for Scotland website.

Our Advice

If a tenant suspects their house fails the repairing standard they should, in the first instance;

• Assess the house using our Housing Standards guide. Contact their landlord and ask for the house to be brought up to standard
• Keep a record of the correspondence. After 3 attempts refer the matter to the Housing and Property Chamber - First-tier Tribunal for Scotland
• Give reasonable time for work to start and finish
• If there’s no action report the matter to the Housing and Property Chamber - First-tier Tribunal for Scotland
• Failure to deal with disrepair may affect your landlord's registration as a Private Landlord, for further information contact the Private Landlord Registration team.