Frequently Asked Questions - Repairs, Private Rented Housing Panel

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The Repairing Standard

From 3rd September 2007 the new Repairing Standard is in effect. The Repairing Standard extends the statutory obligations of a private landlord to repair a house. Rented property must now meet the repairing standard before it is let and at all times during the tenancy.

Before a tenancy starts landlords have to make sure that rental property meets the Repairing Standard. This new duty applies to the majority of private sector tenancies.  Although this duty starts on 3.9.07, the repairing standard applies to existing tenancies not just those which start on or after 3.9.07.

To comply with this new duty, the landlord or someone acting for the landlord, will have to inspect the property to ensure it meets the standard. At the start of the tenancy (or earlier) landlords must tell tenants about the Repairing Standard and the Private Rented Housing Panel. Landlords and Agents can use this letter to inform tenants of the new legislation.

A house meets the repairing standard if -

1. the house is wind and water tight and in all other respects reasonably fit for human habitation;
2. 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,
3. the installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in a reasonable state of repair and in proper working order,
4. any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order,
5. any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed, and
6. the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire.

More information about the Repairing Standard can be found at www.prhpscotland.gov.uk

Private Rented Housing Panel

On 3^rd September 2007 the Rent Assessment Committee (RAC) will take on new powers and become the Private Rented Housing Panel (PRHP). The Panel consists of a pool of members from which the committee who will hear the cases are chosen. The pool contains lawyers, surveyors and experts involved in the rental market.

As well as carrying on the existing functions of the RAC, this independent non departmental public body will hear cases where tenant has complained that a rented property does not meet the repairing standard.  Tenants of landlords who have not kept property up to the repairing standard can take their cases to this tribunal. Previously, repairs disputes were handled by the Sheriff Court.

Landlords will have been given every opportunity to resolve repairing issues. If the case is brought before the panel and there is a breach of the Repairing Standard, a Repairing Standard Enforcement Notice will be served on the property.

If the Landlord does not or cannot carry out the work specified in the Repairing Standard Enforcement Notice, Section 36 of the Housing (Scotland) Act 2006 allows a local authority to carry out work required by a Private Rented Housing Committee.

Local authorities will be able to recover costs of work done under section 36 of the Act. A local authority will be able to place a repayment charge on a house, in order to secure money owed to it for work done under section 36. It will be an offence to re-let property covered by a repairing standard enforcement order. 

Rent Relief Order

Section 27 of the Housing (Scotland) Act 2006 gives the PRHP the right to issue a Rent Relief Order on a property which has a Repairing Standard Enforcement Notice on it and the landlord has not carried out the necessary repairs. The tenant’s rent liability could be reduced by up to 90% during the period of the order. When the repair has been carried and the Repairing Standard Enforcement Notice has been revoked, rent will be due as normal.

For more information on the PRHP go to www.prhpscotland.gov.uk

or

Private Rented Housing Panel
3^rd floor
140 West Campbell Street 
Glasgow
G2 4TZ

telephone 0141 572 1179            email  admin@prhpscotland.gov.uk

I need to carry out extensive repairs and the tenant needs to move out, but they won’t go. What can I do?

A Tenant may refuse to leave a property because they do not have alternative accommodation. The landlord may be able to provide suitable alternative accommodation that the tenant is willing to accept. Where the landlord and Tenant are unable to reach an amicable agreement, the City of Edinburgh Council Housing Options Team (0131 200 2000) may be able to help the tenant find a new home.

Ultimately, the Landlord may have to pursue legal action to get access to the property to carry out repairs.

The tenant has changed the locks, what can I do next?

The tenant is within their rights to change the locks and as a Landlord you do not have a right to have a set of keys without the tenant’s permission. You can of course require the tenants to restore the original locks when they leave the property.

My Tenant has rent arrears. Do I have to carry out repairs?

Landlords have a duty to carry out repairs regardless of the state of the rent account.

How often do I have to inspect the property?

The frequency that a landlord inspects a property they let will depend on the tenants they let the property to. A Landlord who inspects a property too frequently may be accused of harassment and face prosecution. Landlords must always give notice that they intend to visit the property. Legally a landlord must give 24 hours notice in writing, although usually a phone call to the tenants will suffice. Landlords should never let themselves or trades-people into a property except in the case of emergency.

In most cases an inspection every 3-6 months is sufficient.

Landlords have a duty to make sure that property they let meets the Repairing Standard.

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