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95 Who is responsible for carrying out repairs?
The landlord is normally obliged by law to keep the property wind- and water-tight and in good tenantable condition.
In addition, if the tenancy was granted for less than 7 years and after 3 July 1962, the landlord is by law responsible for the repair of the structure and exterior of the house and for keeping in repair and proper working order any basins, sinks, baths and other sanitary installations and any installations for the supply of water, gas and electricity, for heating water and for space heating. These obligations can be varied only with the permission of the sheriff and with the consent of both landlord and tenant.
Apart from this, the responsibilities of the landlord and the tenant will depend upon the agreement between them.
96 Is the landlord entitled to enter the property to carry out repairs? .
It is an implied condition of all protected tenancies that the tenant must give the landlord access to the property and all reasonable facilities to enable him to do any repairs he is entitled to do.
Where the landlord is by law responsible for repairs, he or an agent authorised by him in writing may, at reasonable times of the day and provided he gives the tenant 24 hours' notice in writing, enter the property to inspect its condition and state of repair.
If the landlord wishes to do works for which he needs the tenant's agreement; and the tenant refuses, the landlord may be able to ask the sheriff to give him the right to enter the property and do the work.
97 Does the tenant have any responsibilities?
A tenant has a legal duty to use the house in a proper manner. He must take proper care of it. (For instance, he should turn off the water if there is a risk of burst pipes when he is away and unstop the sink when it is blocked by waste.) He must not damage the property and he must see that his family and guests do not do so; if they do, he must repair the damage.
Over and above this, the tenant has to do repairs only if his tenancy agreement says that he must; but, whatever the agreement says, he cannot be made to do repairs for which the landlord is responsible by law (see Question 95).
98 Does the tenant have any rights to do work on the property?
Unless the tenancy agreement specifically prevents it the tenant can carry out certain improvements with the written permission of the landlord. The landlord can impose conditions, and he can refuse permission, but he must not be unreasonable about it.
If the tenant does not comply with reasonable conditions imposed by the landlord, this counts as breaking his agreement and the landlord may be able to force the tenant to leave.
99 What if the person responsible for repairs does not do them?
The sheriff can order repairs to be done and may award damages. It is essential to seek legal advice before deciding on court action. The local authority can also, in certain circumstances, require the landlord to carry out repairs and improvements.
100 Can the landlord or tenant get help with the cost of repairs and improvements?
Local authorities can make grants for improvements and repairs. Most grants can be paid to either landlords or tenants but normally you must apply before you start the work.
101 When improvement works are carried out by the landlord can the rent be increased?
Yes: in one of the following ways:
(a) the landlord and tenant enter into a rent agreement (see Section G); or
(b) the landlord applies to the Rent Officer:
(i) to fix a fair rent for the improved house (see Section E); or
(ii) to register the rent in a Certificate of Fair Rent.
102 Are increases in rent following improvement works subject to a maximum annual increase?
If the landlord and tenant enter into a rent agreement (see Section G) there is no limit to the annual increase: landlord and tenant are free to agree the amounts involved. If the rent is registered, any increase will be subject to the appropriate limits (see Section F).
You can get in touch with the Rent Officer at the following addresses:
Corunna House
29 Cadogan Street
GLASGOW G2 7AB
Telephone: 0141-204 5881
16 Picardy Place
EDINBURGH EH1 3JIT
Telephone; 0131-557 0555
132 Seagate
DUNDEE DD1 2HB
Telephone: 01382 28931
Housing Advice may be available from:
(a) your local Council Housing Department; or
(b) your local Citizens Advice Bureau.
You should be able to find the local office of any of these by looking up the telephone directory for your area or checking at your local library. In case of difficulty in locating a Citizens' Advice Bureau you should contact the Head Office address given below. The Head Office staff cannot deal with personal enquiries but will be able to refer you to your nearest office which provides independent advice and assistance.
Citizens' Advice Scotland
26 George Square
EDINBURGH EH8 91-D
Telephone: 0131-667 0156
There are also three Shelter Housing Aid Centres in Scotland which provide free, independent advice and assistance. They can be found at the following addresses:
Aberdeen SHAC
47 Belmont Street
ABERDEEN AB1 1 JS
Telephone: 01224 645586
Edinburgh SHAC
Ground Floor Unit 2
Kittle Yards Causewayside
EDINBURGH EH9 1PJ
Telephone 0131 466 8031
Glasgow SHAC
53 St Vincent Crescent GLASGOW
Telephone: 0141-221 8995
Solicitors well versed in landlord and tenant matters can be found by contacting:
Law Society of Scotland
26 Drumsheugh Gardens
EDINBURGH EH3 7YR
Telephone: 0131-226 7411
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