So how can tenants ensure repairs happen? The Housing (Scotland) Act 2006 stipulates that a private landlord must ensure that each tenanted property meets a basic standard of repair; if the property doesn't then tenants can make a referral to the Private Rented Housing Panel (PRHP).

In order to meet the repairing standard:

• The property must be wind and watertight and fit for human habitation,
• The structure and exterior of the property must be in proper working order,
• The installations for the supply of water, gas and electricity and for sanitation, space heating and heating water are in a reasonable state of repair and in proper working order,
• Any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order,
• Any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed, and
• The house has satisfactory provision for detecting fires and for giving warning in the event of a fire or suspected fire.

A tenant is under an obligation to look after the property and to avoid causing damage wherever possible. A tenant must make the landlord aware of any repairs that are required. Where a repair issue has been reported, a tenant must allow the landlord access to the property to carry out the repair provided reasonable notice has been given.

In general, a landlord will be responsible for major repairs to the structure of the property and installations. A landlord cannot contract out of their responsibilities to carry out repairs by, for example, inserting a clause in the Tenancy Agreement. This would be deemed as an unfair term and would not be legally binding.

If a tenant feels that a landlord has failed to carry out a necessary repair timeously, a referral can be made to the Private Rented Housing Panel (PRHP). If the matter is accepted by the PRHP, an informal hearing will take place to decide on the merits of the referral. The PRHP has a number of remedies open to them including;

• Repairing Standard Enforcement Orders (order to carry out specific repairs)
• Rent Relief order
• Notification to local authorities.

Failure to comply with a decision of the PRHP could mean criminal sanctions.

If you would like further legal assistance on this issue please get in touch with our team who have specific expertise in landlord housing matters.