Monday, 1 May 2023
This guidance incorporates all the elements of the Repairing Standard which private landlords are required to comply with from 1 March 2024. It has been prepared early to provide private landlords with a clear understanding of what is new and expected of them from 2024. It also includes all elements where a duty already exists. The aim of the guidance is to equip private landlords with a full picture of what they should be working towards to ensure compliance with all the Repairing Standard elements which will be enforceable from 1 March 2024.
New measures in place from 1 March 2024
1. Safe Kitchens. The repairing standard will be amended to include a requirement to have safely accessible food storage and food preparation space in a private rented house.
2. Fixed Heating System. The existing duty to ensure that installations for the supply of heating are in a reasonable state of repair and in proper working order will be amended to specify that there must be a fixed heating system in a private rented house.
3. Safe Access to Common Parts. The existing duty to ensure that the structure and exterior of the house is in a reasonable state of repair and in proper working order will be amended to specify that where a private rented house is a flat in a tenement, the tenant must be able to safely access and use any common parts of the tenement, such as common closes.
4. 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.
5. Safe and Secure Common Doors. The existing duty to ensure fire safety in private rented houses will be amended to specify that common doors must be secure and fitted with satisfactory locks. This will be supported by Scottish Government guidance which will specify that locks must allow users to open them from the inside without a key so that they do not inhibit exit in the event of a fire.
6. Residual Current Devices. The existing duty to ensure that installations for the supply of electricity in a private rented house are in a reasonable state of repair and in proper working order will be amended to specify that these must include a residual current device (a device to reduce the risk of electrocution and fire by breaking the circuit in the event of a fault).
7. Other Fuels. The existing duty to ensure that installations for the supply of gas and electricity in a private rented house are in a reasonable state of repair and in proper working order will be extended to any other type of fuel.
