To comply with this requirement landlords must carry out a pre-tenancy check of their property to identify work required to meet the Repairing Standard and if there is any work needed, notify tenants of that work.

This responsibility of a landlord to repair and maintain their property is in place from the tenancy start date and throughout the tenancy. This includes a duty to make good any damage caused by doing work to bring the property to meet the Repairing Standard. On becoming aware of a defect, landlords must complete the work within a reasonable time.

If the Repairing Standard is not met or work is not completed within a reasonable time scale the tenant can make an application to the Housing and Property Chamber, First-tier Tribunal to get assistance with enforcing the Repairing Standard.

Details about the standards that need to be met can be found in the Repairing Standard: statutory guidance for private landlords it incorporates all the elements of the Repairing Standard which private landlords are required to comply with from 1 March 2024, including the new measures in place from 1 March 2024 which are –

Consent to Work on Common Parts. Section 16 of the Housing (Scotland) Act 2006, which deals with exceptions to the landlord’s repairing duty, is amended to make it clear that a private rented house which is a flat in a tenement does not fail the repairing standard if work otherwise needed to comply with the standard cannot be carried out because a majority of owners in the tenement have refused consent to carry out the work.

Lead pipes – water pipes must be free of lead (where this cannot be ascertained water testing must be carried out to check for the presence of lead piping)

Residual Current Device – electrical installations must be protected by a residual current device (RCD)

Fixed Heating System – properties must have a fixed space heating system (a permanent installation in the property which is plumbed or hard wired and capable of maintaining a temperature of 21⁰C in at least one room and 18⁰C elsewhere, when the outside temperature is minus 1⁰C.)

Other fuels – installations for fuels other than gas and electricity to be in a reasonable state of repair and in proper working order

Safe Kitchens – the property must have satisfactory provision for, and safe access to, a food storage area and food preparation space

Safe Access to Common Parts – any common parts pertaining to the property must be able to be accessed and used safely

Safe and Secure Common Doors – where the property is in a tenement, common doors must be secure and fitted with satisfactory emergency exit locks and a secure entry system