Changes are being made to the types of property to which the repairing standard applies.

At present, the repairing standard applies to properties which are subject to certain types of private residential let.

What is the repairing standard?

The repairing standard is the minimum standard of repair which a residential property must meet to be privately let. To meet the repairing standard, the landlord is responsible for ensuring:

  1. the property is wind and watertight;
  2. the exterior of the house, including drains, gutters and external pipework must be in a reasonable state of repair and working order;
  3. the installations for the supply of water, gas, electricity, and for sanitation, space heating and heating water are in a reasonable state of repair and working order;
  4. any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order;
  5. any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed;
  6. the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire; and
  7. the house has satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health.

The repairing standard does not currently apply to houses occupied by the tenant under the following types of tenancies:

  • the tenancy of a croft;
  • the tenancy of a smallholding;
  • 1991 Act tenancies;
  • short limited duration tenancies;
  • limited duration tenancies;
  • modern limited duration tenancies; and
  • repairing tenancies (when they become available).

What changes are being made?

From 28 March 2027, the repairing standard will apply to all houses let under the above tenancies, whether occupied by the tenant or let separately to a sub-tenant.

The explanatory note that accompanies the Regulations states that it applies to tenancies under the Agricultural Holdings (Scotland) Act 2003, the Crofters (Scotland) Act 1993 and the Small Landholders (Scotland) Acts 1886 to 1931 but makes no reference to the Agricultural Holdings (Scotland) Act 1991.

This may result in confusion where some people rely on the explanatory note rather than the Regulations themselves but the point to note is that the repairing standard will apply to all houses in agricultural leases (of all types) from 2027.

Further advice

For more information on the repairing standard, please contact us on 0131 228 8111 or through the website.