Chamber and committees

A tenant in the private rented sector can apply to the Private Rented Housing Panel if they consider that their landlord has not maintained the property they rent to an acceptable standard.

If the panel decides that the landlord has failed to comply with the statutory repairing standard, it will issue a repairing standard enforcement order requiring that necessary work be carried out.

Non-compliance with a repairing standard enforcement order without reasonable excuse is an offence under section 28 of the Housing (Scotland) Act 2006. The Private Rented Housing Panel can enforce a repairing standard enforcement order by issuing a separate order reducing the rent payable under a tenancy agreement. Under the repairing standard enforcement order, the local authority can carry out the work required and recover the cost from the landlord.

Local authorities also have a range of powers to deal with houses in disrepair through the Housing (Scotland) Act 2006. A local authority is able to serve a work notice requiring work to be carried out on a property that fails to meet the tolerable standard, is in serious disrepair, or is in disrepair and is likely to deteriorate rapidly or damage other premises if nothing is done about it.

Local authorities are also able to serve maintenance orders, so as to prevent houses falling into disrepair in the first place. Owners can be required to produce a maintenance plan for up to a five year period where living accommodation has not been, or is unlikely to be, maintained to reasonable standard, or where the benefit of work from a work notice has been reduced or lost.

A local authority is able to enforce a work notice or maintenance plan, and recover the costs for doing so, where the owner fails to implement it.