Tenancy of residential property is a two-way street. As tenants, people are expected to pay rent on time and take reasonable care of the property. In return, landlords have their own responsibilities; principally, to ensure that the property remains in a habitable and safe condition throughout the tenancy. When a landlord fails in these duties, this is known as landlord neglect, and it can have serious implications for a tenant’s well-being and right to enjoy a comfortable, safe and healthy residence. 

Understanding the Repairing Standard

In Scotland, the condition of rented residential property is governed by the Repairing Standard, set out under the Housing (Scotland) Act 2006, Chapter 4. This legislation outlines the minimum legal requirements landlords must meet to ensure a property is fit for habitation. These standards are not optional - they are binding.

The Repairing Standard includes a number of specific obligations. A rented property must have a safe and functional kitchen, including accessible food storage and preparation areas. The heating system must be fixed, in good working order, and safe to use. If a property is part of a tenement, tenants must be able to access and use common areas, including stairwells, safely. This also means that landlords cannot use other owners’ refusal to agree to communal repairs as an excuse to avoid their own duties. Additionally, common entrance doors must be equipped with secure yet easily openable locks to avoid obstruction during emergencies, such as a fire.

Beyond these, the landlord must also ensure the structure and exterior of the property (including roofs and windows) are in reasonable repair, smoke and carbon monoxide alarms are installed and working, and that the electrical and gas systems are safe.

Spotting the signs of neglect

Despite the legal framework, some landlords still fall short. Common signs of neglect include persistent roof leaks, mould or damp issues, faulty heating, or defective smoke alarms. Bad odours caused by drainage issues or rubbish accumulation in common areas may also indicate underlying problems. Not only do these issues affect comfort, they can also jeopardise the health and safety of the tenant.

Landlord neglect can occur through outright refusal to address problems, long delays in carrying out repairs, or even attempts to shift blame onto the tenant for damage that is not their responsibility.

Prevention is better than cure

Before moving into a new flat or house, tenants should carry out a detailed inspection of the property. Take photographs of every room, noting any damage, wear and tear, or non-functioning appliances. This record should then be emailed to the landlord or letting agent immediately. This simple step can help avoid disputes later by creating a time-stamped record of the property’s condition at the start of the tenancy.

Never rely solely on verbal promises from the landlord or letting agent (such as “We’ll sort that out after you move in,” for example). If a problem is identified, request in writing that it be fixed before you agree to sign any tenancy agreement. Similarly, never assume that glossy letting brochures accurately reflect the actual state of the property.

What to do when problems arise

If, during your tenancy, the condition of the property falls below the Repairing Standard, the first step is to contact the landlord or letting agent. Present your concerns clearly, ideally in writing, and include photographs if possible. A reasonable landlord should acknowledge the issue and arrange repairs within a sensible timeframe.

Many landlords understand that property maintenance protects the value of their investment and helps to maintain a good relationship with tenants. Unfortunately, some may delay, refuse, or wrongly claim that the issue is your fault.

If you encounter resistance or inaction, it may be time to consult a solicitor. They can write to the landlord, reminding them of their legal obligations, and potentially resolve the situation without further escalation. This professional intervention is often enough to prompt a change of course.

Escalating the matter

If the landlord still fails to act, tenants have the right to make an application to the First-tier Tribunal for Scotland (Housing and Property Chamber). This is a specialist body that deals with disputes between landlords and tenants. The tribunal process is less formal than a traditional court, but its decisions are legally binding.

You will need to provide evidence to support your case, including emails, photos, correspondence with the landlord, and details of the faults in question. If successful, the tribunal can order the landlord to carry out specific repairs and may also award compensation to the tenant if appropriate.

Protecting your rights as a tenant

Most landlords in Scotland act responsibly and professionally. However, when problems arise, tenants are not powerless. The law is on your side, and there are clear procedures in place to help you assert your rights. The key is to act early, document everything, and seek legal advice when needed.