New ‘Repairing Standard’ measures in place from 1 March 2024

The Scottish Government is set to implement the revamped repairing standard legislation which will impact all private landlords. The repairing standard, a crucial aspect of the private rental sector, outlines the responsibilities of landlords in maintaining their properties to a certain standard. The Scottish Government claims the changes will aim to enhance tenant rights, improve living conditions, and create a fairer and more transparent rental market. 

1. Safe Kitchens. The repairing standard will be amended to include a requirement to have safely accessible food storage and food preparation space in a private rented house.

2. Fixed Heating System. The existing duty to ensure that installations for the supply of heating are in a reasonable state of repair and in proper working order will be amended to specify that there must be a fixed heating system in a private rented house.

3. Safe Access to Common Parts. The existing duty to ensure that the structure and exterior of the house is in a reasonable state of repair and in proper working order will be amended to specify that where a private rented house is a flat in a tenement, the tenant must be able to safely access and use any common parts of the tenement, such as common closes.

4. Consent to Work on Common Parts. Section 16 of the Housing (Scotland) Act 2006, which deals with exceptions to the landlord’s repairing duty, is amended to make it clear that a private rented house which is a flat in a tenement does not fail the repairing standard if work otherwise needed to comply with the standard cannot be carried out because a majority of owners in the tenement have refused consent to carry out the work.

5. Safe and Secure Common Doors. The existing duty to ensure fire safety in private rented houses will be amended to specify that common doors must be secure and fitted with satisfactory locks. This will be supported by Scottish Government guidance which will specify that locks must allow users to open them from the inside without a key so that they do not inhibit exit in the event of a fire.

6. Residual Current Devices. The existing duty to ensure that installations for the supply of electricity in a private rented house are in a reasonable state of repair and in proper working order will be amended to specify that these must include a residual current device (a device to reduce the risk of electrocution and fire by breaking the circuit in the event of a fault).

7. Lead Pipes. There is an existing duty to ensure that installations for the supply of water are in a reasonable state of repair and in proper working order. This guidance now specifies that the house should be free of lead pipes from the boundary stopcock to the kitchen tap, and that if this cannot be confirmed, a water quality test must be carried out.

8. Other Fuels. The existing duty to ensure that installations for the supply of gas and electricity in a private rented house are in a reasonable state of repair and in proper working order will be extended to any other type of fuel.