The repairing standard which covers the legal and contractual obligations of private landlords to ensure their properties meet the minimum standard of repair was updated on 1st March 2024. The new provisions extended the obligations to include the common parts of multi-occupancy buildings. The duties on private landlords increased, meaning that a tenant of a private rented flat in a tenement must be able to safely access and use any common parts of that tenement. Common parts may extend to shared refuse areas, common accesses, stairs and shared back ports or drying greens. The provision for safe access includes: -
- The requirement for adequate lighting;
- Paths and ramps are maintained so that they are safe underfoot;
- Common spaces are kept clear of obstruction;
- Common areas kept clear and clean; and
- Mechanical components required to make use of the common spaces have to be in good working order.
All common entrances require to be secured and fitted with satisfactory locks i.e. those which permit users to open the common doors from the inside without the need of a key. This requirement ensures ease of egress in the event of a fire and promotes security.
Further the new requirements emphasise the requirement for security, imposing as they do the need for all common doors to be lockable and any common front door having a secure entry system that inform the tenant when the visitor or delivery has arrived, and allows the tenant to open the common front door remotely (except where a building comprises 3 or fewer flats, where all occupiers having sight of and access to the common front door). Common rear doors in such tenements need to have locks of the same type required for the front doors or one or more substantial bolts secured from the inside.
The repairing standards for social landlords are not as rigorous when it come to dealing with common parts of a tenement. Sections 27 and schedule 4 of the Housing (Scotland) Act 2001 provide details of the repairing standards which relate to the units leased on any Scottish Secure Tenancy but provide little by way of obligations in relation to maintenance and security of common parts.
The SST model tenancy includes in clause 5.4 reference to a registered social landlord carrying out a reasonably diligent inspection of the common parts before letting any unit, and to make regular inspection to identify if repairs are necessary. There is no equivalent provision to that contained or imposed on a private landlord to ensure security and ease of access to and from the front and rear common doors.
Both the Housing (Scotland) Act 2001 and the Housing (Scotland) Act 2006, relevant for RSLs and private landlords respectively, acknowledge that for any works to be carried out to common parts will require the consent and concurrence of owners who have a title interest. All of those involved in co-ordinating repairs, maintenance, and improvements to common parts (owners or factors), will be aware that arranging these can be a complex and time consuming business.
In terms of the Housing Scotland Act section 16(4) provides: A landlord is not to be treated as having failed to comply with the duty imposed by section 14(1) where the purported failure occurred only because the landlord lacked necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights. Furthermore section 16 (5) provides that in relation to any work intended to be carried out to parts owned in common with other owners but where a majority of the owners has not consented to the intended work, a landlord is to be treated as lacking necessary rights.
For this reason it would be preferable for the obligations imposed on private landlords to extend to social landlords. The changes appear sensible and provided they can be achieved at reasonable cost concurrence in this area would ensure that when voting at least all entities with units leased, be they to private or to social tenants, would be in agreement. Dependant upon the voting arrangements per the titles or tenement management scheme concurrence of obligations may help achieve a positive vote when dealing with the management, maintenance, and improvement of common areas.
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