the law | repairs & improvements

This guide was produced by the Scottish Executive and aims to provide the answers to most questions on the rights and responsibilities of both the landlord and the tenant.
It does not apply to:
a. council tenants
b. tenants living in the same house as the landlord (but see question 2(xi))
c. tenants of private landlords whose tenancies started before 2 January 1989
d. tenants of registered housing associations whose tenancies started before 2 January 1989 (but see question 3)

61. Who is responsible for carrying out repairs?

The landlord is normally obliged under common law to keep the property wind and water tight and in good tenantable condition.

In addition, the landlord is by law responsible for a. the repair of the structure and exterior of the dwelling including, drains, gutter and external pipes and b. for keeping in repair and proper working order basins, sinks, baths and other sanitary installations, installations for supplying water, gas or electricity, and installations for heating water and space heating. Similarly, the landlord is responsible for maintaining plant which does not lie in the tenant's house but provides a service to that home, for example, a common heating boiler or water tank. These obligations can be varied only with permission of the sheriff, and with the consent of both landlord and tenant.

Apart from this, the responsibilities of the landlord and the tenant will depend upon the agreement between them.

62. is the landlord entitled to enter the property to carry out repairs?

The tenants must give the landlord reasonable access to the property and all reasonable facilities to enable him to do any repairs he is entitled or required to do.

Also, where the landlord is by law responsible for repairs he or an agent authorised by him in writing may, at reasonable times of the day and provided he gives the tenant 24 hours notice in writing, enter the property to inspect its condition and state of repair.

If the landlord wishes to do works for which he needs the tenant's agreement, and the tenant refuses, the landlord may be able to ask the sheriff to give him the right to enter the property and do the work.

63. Does the tenant have any responsibilities?

A tenant has a duty under common law to use the house in a proper manner. He must take proper care of it. (For instance, he should turn off the water if there is a risk of burst pipes when he is away and unstop the sink when it is blocked by waste.) He must not damage the property and he must see that his family and guests do not do so. If they do, he must repair the damage.

Over and above this, the tenant has to do repairs only if his tenancy agreement requires him to do so. He cannot be made to do repairs for which the landlord is responsible by law (see question 61).

64. Does the tenant have any rights to do work on the property?

This would normally be a matter to be agreed between landlord and tenant, with the tenant's rights being detailed in the written document setting out the terms of the tenancy agreement.

65. What if the person responsible for repairs does not do them?

The court can order repairs to be done and may award damages. It is essential to seek legal guidance before starting court action. The local authority can also, in certain circumstances, require the landlord to carry out repairs and improvements.

66. Can the landlord or tenant get help with the cost of repairs and improvements?

Local authorities can make various grants for improvements and repairs. Most grants can be paid to either landlords or tenants but you must apply before you start the work.

67. When the improvement works are completed how can the rent be increased?

Tenant and landlord are quite free to negotiate and agree upon a new rent to take account of improvements. However, improvements by a tenant which he was not required to make as a condition of his tenancy do not entitle a landlord to increase the rent.

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