The landlord is responsible for their property meeting the Repairing Standard at all times as follows :
- The property must be wind and water tight and in all other respects reasonably fit for people to live in.
- The structure and exterior (including drains, gutters and external pipes) must be in a reasonable state of repair and in proper working order.
- Installations for supplying water, gas and electricity and for sanitation, space heating and heating water must be in a reasonable state of repair and in proper working order.
- Any fixtures, fittings and appliances that the landlord provides under the tenancy must be in a reasonable state of repair and in proper working order.
- Any furnishings that the landlord provides under the tenancy must be capable of being used safely for the purpose for which they are designed.
- The property must have a satisfactory way of detecting fires and for giving warning in the event of a fire or suspected fire.
- The property must have a satisfactory way of giving warning if there is a hazardous concentration of carbon monoxide gas.
If the tenant believes that the tandlord has failed to ensure that the property meets the Repairing Standard at all times during the tenancy, he or she should discuss this with the landlord, or Islands & Highlands Lettings on their behalf, in the first instance. If the problem is not rectified within a reasonable time, the tenant has the right to apply to the First-tier Tribunal for Scotland Housing and Property Chamber (“the Tribunal”).
The Tribunal may reject the application; consider whether the case can be resolved by the tenant and landlord (for example, by agreeing to mediation); consider the application; or reject the case. The Tribunal has power to require a landlord to carry out work necessary to meet the Repairing Standard.
The Repairing Standard does not cover work for which the tenant is responsible due to his or her duty to use the property in a proper manner; nor does it cover the repair or maintenance of anything that the tenant is entitled to remove from the property.