Getting repairs done while renting

Check your tenancy type

What you can do about disrepair in your rented home depends on your tenancy type. If you're not sure, you should check what type of tenancy you have.

You'll have either:

• a public-sector tenancy - with a local council or housing association

• a private-sector tenancy - with a private landlord or letting agency.

You can use the tenancy checker on the Shelter website.

If you need help to deal with disrepair in your home, you can get advice from your local Citizens Advice Bureau.

What private landlords are responsible for

Your landlord must make sure that your home meets the repairing standard and the tolerable standard.

To meet the repairing standard, the landlord must make sure that:

• the property is wind and watertight

• the structure and outside of the property are in reasonable condition - including drains, gutters and external pipes

• there’s a fixed heating system that is in reasonable condition and working properly

• installations for gas, electricity and any other fuel are in reasonable repair and working properly

• installations for water, heating water and sanitation are in reasonable repair and working properly

• fixtures, fittings and appliances provided by the landlord are in reasonable repair and working properly

• any furnishings provided as part of the tenancy are safe to use

• the house is substantially free from damp and mould

• there's safe and convenient access to spaces for food storage and food preparation, including space to install appliances like a cooker and fridge

• any common areas are safe to access and use, such as common closes and shared gardens

• any common doors are secure and fitted with safe emergency exit locks.

Find out more about the tolerable standard on mygov.scot.

Your landlord must provide and maintain smoke detectors, carbon monoxide detectors and alarms. They must carry out electrical safety inspections that meet building regulations and Scottish government guidance.  Find out more about fire and smoke alarms on the Scottish government website.

What council and housing association landlords are responsible for

A council or housing association landlord must maintain and repair:

• pipes, drains, toilets and sinks

• gas, electricity and heating systems

• damp and mould caused by repair issues

• your roof, windows, doors and the exterior of your home

• communal hallways, lifts and shared areas.

A council or housing association landlord must also make sure the house:

• is windproof and watertight

• is reasonably fit for human habitation,

• meets the tolerable standard.

Find out more about the tolerable standard on mygov.scot.

The house must be kept in that condition throughout the tenancy.

If you rent from a public-sector landlord, find out more about fire and smoke alarms on the Scottish government website.

A council or housing association landlord is not responsible for:

• repairs to anything that has been damaged carelessly. If the landlord does do the repairs, they can charge for the cost

• repairs to items which you can remove from the premises, for example your own electric or gas fire.

The right to repair scheme

If your landlord is a council or housing association, you have the right to have certain repairs done in a specified time. This is called the Right to Repair.

The scheme covers certain repairs up to the value of £350. These repairs are known as 'qualifying' repairs. Qualifying repairs include:

• blocked drains

• leaking roofs

• faulty heating systems

• damp and mould.

Find out more about the Right to Repair scheme on the Scottish government website.

Find out how long repairs should take on the Shelter Scotland website.

Damp and mould

Landlords are responsible for finding out what’s causing damp or mould.

Find out what do do if you have damp and mould in your rented home.

Repairs is you're disabled

If you're a disabled council or housing association tenant, you might be able to have adaptations made to your home. The local council department responsible for social work will first have to assess the need for any adaptations. These could include the installation of a stair lift or hoist, or changes to a bathroom or toilet.

If you want to get an adaptation, you can get advice from your local Citizens Advice Bureau.

You might also be able to get a grant to make your home more suitable.

If you're a disabled private-sector tenant, you might be entitled to help for improvements and repairs under the Scheme of Assistance.

More about the scheme of assistance.

How to ask for repairs

You should report repair issues as soon as you notice them. You should report the repairs by email or letter so there's a record of it.

In the email or letter, you should write:

• the date

• an explanation of what needs to be repaired

• pictures of the damage or problem

• a request for a repair or replacement

• a request for a response in a specified time - 14 days is usually reasonable

• a reminder of your right to have certain repairs carried out in a specified time if you're a public-sector tenant and the repairs are covered by the Right to Repair scheme.

You could use the sample letter for reporting repairs on the Shelter website. 

Keep a copy of your email or letter.

Check what to do if you do not know who your landlord is.

If the landlord doesn't do the repairs after you ask, there's more action you can take. 

If your landlord hasn't done repairs you've asked for

If the landlord doesn't do the repairs after you ask, there's more action you can take.

The action you can take depends on what type of tenancy you have.

If you're a council or housing association tenant

Collect all the evidence you can that the repair needs to be done. Then you can:

• use the Right to Repair scheme

• use the complaints procedure - details about how to do this should be in the tenants' handbook

• complain to your local councillor

• complain to the Scottish Public Services Ombudsman

• take court action to make the landlord do the repair - for example, because it's causing a nuisance or is harmful to health

• do the repair yourself and charge your landlord for the cost - but only if your landlord is meant to do the repair

• take action with other tenants who have a similar problem

• withhold rent - though you have no right to do so

• claim compensation for a number of reasons, such as being inconvenienced.

There's more information about getting a repair done on the Shelter website.

For information about your rights if you're disrupted while the repairs are being done, see the Shelter website.

You can also get help from an experienced adviser, for example at a Citizens Advice Bureau.

If you need somewhere else to stay until repairs are done

If you’re a public-sector tenant, you might be able to get somewhere else to stay if there are serious repair problems that make your home unsafe.

You could also get somewhere else to stay if it’s unsafe for you to live in your home during repairs.

Read more about getting somewhere else to stay during repairs on the Shelter Scotland website.

If you're a private tenant

Collect all the evidence you can that the repair needs to be done. Then you can:

• send a second request saying that your next step will be to complain to the First-tier Tribunal for Scotland (Housing and Property Chamber)

• apply to the First-tier Tribunal - there's more information about the repairing standard on the First-tier Tribunal website

• check if the local council can enforce the repair - this might be possible if the repair is needed to keep the property to a tolerable standard or to meet the repairing standard

• ask the local council to take court action because the repair is causing a nuisance or is harmful to health

• do the repair yourself and charge your landlord for the cost - but only if your landlord is meant to do the repair

• take action with other tenants who have a similar problem

• withhold rent - though you have no right to do so.

If you don't allow your landlord reasonable access to inspect and carry out repairs to meet the repairing standard, your landlord might be able to ask the First-tier Tribunal for help. This is called using the right of entry. You'll be able to explain to the tribunal why you think it's inappropriate or unnecessary for your landlord to use the right of entry. There's more information about the right of entry on the First-tier Tribunal website. 

You can also get help from an experienced adviser, for example at a Citizens Advice Bureau.