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On 3rd September 2007 the Private Rented Housing Panel came into force in Scotland to act as a third party body to mediate between tenants and landlords and to provide guidelines for basic minimum standards for property in the Private Rented Sector. Additionally every tenant who has entered into a new lease since September 2007 should be given a copy of the Repairing Standards Letter.

On 3rd September 2007 the Private Rented Housing Panel came into force in Scotland to act as a third party body to mediate between tenants and landlords and to provide guidelines for basic minimum standards for property in the Private Rented Sector. Additionally every tenant who has entered into a new lease since September 2007 should be given a copy of the Repairing Standards Letter.

Private landlords have a duty to ensure that the houses they rent to tenants meet the ‘repairing standard’ asset out in section 13(1) of the Housing (Scotland) Act 2006 (the 2006 Act). Tenants will be able to apply to the PRHP for a ruling that their landlord has failed to meet that duty.

Before your tenant can submit an application to the PRHP, he or she must have notified you that the work needs to be carried out.

Your tenant must also give you a reasonable time in which to carry out the repairs. How much time is ‘reasonable’ will depend upon the nature of the work needing to be done and all the circumstances of the case.

If you fail to meet the duty to ensure that the house meets the repairing standard, a Private Rented Housing Committee has the power to make an order requiring you to carry out the work. It is a criminal offence to fail to comply with that order without reasonable excuse.

It is also a criminal offence to re-let the property while the order is in force, unless the Committee agree to this. If you fail to comply with the order, the Committee can also make a further order restricting the amount of rent your tenant is legally required to pay.

Imminent changes regarding Overcrowding

The Act gives a local authority power to address problems of overcrowding in the private-rented sector by serving a statutory notice on a privately rented house where overcrowding is linked to statutory nuisance affecting the occupants, neighbours and others in the locality.  

The standard is fairly basic. A house meets the repairing standard if:

The standard is fairly basic. A house meets the repairing standard if:

a) it is wind and watertight and in all other respects reasonably fit for human habitation,
b) 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,
c) 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,
d) any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order,
e) any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed, and
f) the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire.

The Housing (Scotland) Act 2006 (the 2006 Act) sets out the tenancies to which the repairing standard applies. It applies to most tenancies in the private rented sector (including tied houses) but there are some exceptions. Occupancy arrangements are not covered by the standard.

The Housing (Scotland) Act 2006 (the 2006 Act) sets out the tenancies to which the repairing standard applies. It applies to most tenancies in the private rented sector (including tied houses) but there are some exceptions. Occupancy arrangements are not covered by the standard.

• a Scottish secure tenancy or a short Scottish secure tenancy,
• a tenancy of a house retained or purchased by a local authority for use as housing accommodation as an alternative to demolition;
• an agricultural tenancy or a croft;
• a tenancy of a house on holdings to which the Small Landholders (Scotland) Acts 1886 to 1931 apply.

• a Scottish secure tenancy or a short Scottish secure tenancy,
• a tenancy of a house retained or purchased by a local authority for use as housing accommodation as an alternative to demolition;
• an agricultural tenancy or a croft;
• a tenancy of a house on holdings to which the Small Landholders (Scotland) Acts 1886 to 1931 apply.

• a local authority
• a registered social landlord
• Scottish Homes, or
• Scottish Water

• a local authority
• a registered social landlord
• Scottish Homes, or
• Scottish Water

• the repair work needing done does not come within the terms of the repairing standard;
• the tenancy was originally for a period of three years or more and the tenant is responsible for carrying out repairs;
• the repair work needing done results from damage caused by the tenant or a member of the tenant’s family, or the wrongful acts of a third party;
• the house has to be rebuilt or reinstated in the event of destruction or damage by fire or by storm, flood or other inevitable accident;
• the work relates to the repair or maintenance of anything that the tenan
  
  • the repair work needing done does not come within the terms of the repairing standard;
  • the tenancy was originally for a period of three years or more and the tenant is responsible for carrying out repairs;
  • the repair work needing done results from damage caused by the tenant or a member of the tenant’s family, or the wrongful acts of a third party;
  • the house has to be rebuilt or reinstated in the event of destruction or damage by fire or by storm, flood or other inevitable accident;
  • the work relates to the repair or maintenance of anything that the tenant is entitled to remove from the house.

No, the tenant must notify you that work requires to be done to comply with the duty to meet the repairing standard before he or she can make an application to the PRHP. The tenant must also give you a reasonable period of time to carry out the work required. How much time is “reasonable” will depend on the nature of the work needing done, and all the circumstances of the case.

No, the tenant must notify you that work requires to be done to comply with the duty to meet the repairing standard before he or she can make an application to the PRHP. The tenant must also give you a reasonable period of time to carry out the work required. How much time is “reasonable” will depend on the nature of the work needing done, and all the circumstances of the case. For example, if your tenant’s bedroom ceiling is leaking you would be expected to sort this very quickly, whereas an external drain which chokes from time to time would be a less urgent repair.

If you do not carry out the work, then your tenant can apply to the PRHP for a determination that you have failed to meet the duty to ensure that the house meets the repairing standard. If the Committee decides that you have failed to meet the duty, then it can make an order called a Repairing Standard Enforcement Order (RSEO) requiring you to carry out the work.

If you do not carry out the work, then your tenant can apply to the PRHP for a determination that you have failed to meet the duty to ensure that the house meets the repairing standard. If the Committee decides that you have failed to meet the duty, then it can make an order called a Repairing Standard Enforcement Order (RSEO) requiring you to carry out the work.

Once a valid application is received, the President has 14 days from the date of receipt to decide whether the application can be referred to a Committee or whether it should be rejected. A valid application will only be rejected if the President considers it to be vexatious or frivolous, or the tenant has recently made an identical or very similar application, or the dispute has already been resolved. The President has the power to delay referring the case to a Committee where “there is a reasonable prospect of the dispute being resolved by the parties”.

Once a valid application is received, the President has 14 days from the date of receipt to decide whether the application can be referred to a Committee or whether it should be rejected. A valid application will only be rejected if the President considers it to be vexatious or frivolous, or the tenant has recently made an identical or very similar application, or the dispute has already been resolved. The President has the power to delay referring the case to a Committee where “there is a reasonable prospect of the dispute being resolved by the parties”. This might be appropriate if, for example, it appears that there has been a simple misunderstanding that could be sorted out. The PRHP will also offer the option of mediation.

Mediation is a way of settling disputes informally without the stress, time and bad feeling often involved in using formal procedures. Mediation is practical, confidential, quick and free. Mediation is only available where both parties agree to it. As the tenant contacts the PRHP first, you will only be given the option of mediation if your tenant has already agreed to go to mediation. You will be sent a letter enclosing a copy of the application and asking whether you are willing to take part in mediation to resolve the issue.

Mediation is a way of settling disputes informally without the stress, time and bad feeling often involved in using formal procedures. Mediation is practical, confidential, quick and free. Mediation is only available where both parties agree to it. As the tenant contacts the PRHP first, you will only be given the option of mediation if your tenant has already agreed to go to mediation. You will be sent a letter enclosing a copy of the application and asking whether you are willing to take part in mediation to resolve the issue. If you wish to try mediation you must reply to that letter before the date given in the letter. If you do not reply, it will be assumed that you do not want to take part in mediation and the application will be referred to a Committee. There is a separate leaflet which explains how the mediation process works. If you choose to go to mediation, then you will be given a date, time and venue for the mediation session to take place. If mediation doesn’t work, then the application will be considered by a Committee just as if you had never tried mediation.