The Repairing Standard is the minimum physical standard which a property must meet when it is being rented out in Scotland. This article details how Scottish landlords can maintain their flats up to and beyond the minimum criteria set by the Repairing Standard. This article will also explore what the Repairing Standard is, how it has been updated in 2024 and 2026, and the role of landlords in maintaining the properties which they rent out.
What is the Repairing Standard?
Understanding the Repairing Standard is crucial for landlords because it is a legal minimum standard of repair for rented properties. Properties must comply with the following:
- Meet the Tolerable Standard
- Be wind and watertight
- Be structurally sound
- Have installations for gas, electricity and water in a reasonable state of repair
- Fixtures, fittings and furnishings must be in a reasonable state of repair
- Have satisfactory food storage and food preparation areas
- Have safe common areas
- Have safe and secure front and back doors
Failure to comply with the Repairing Standard can be reported by tenants and local authorities to the First-tier Tribunal at the Housing and Property Chamber. They can issue Repairing Standard Enforcement Orders which compel a landlord to carry out repair works within a certain timeframe. This Enforcement Order is lodged with Registers of Scotland as a burden on the titles for the property until a completion certificate is issued.
Should a landlord fail to comply with an Enforcement Order, they will have committed a criminal offence which will be reported to the Procurator Fiscal for prosecution.
Let’s look at two of the most talked about elements of the Repairing Standard update in 2024 and what’s ahead.
Lead in water testing
In March 2024, the Repairing Standard was updated to include new rules about lead in water (which is a metal toxic for humans).
Rented properties must have an adequate supply of drinking water, with no more than 10 micrograms of lead in it per litre. Lead was a common component of water pipes before it was made illegal in 1969, and so every landlord of a property built before 1970 must carry out a lead in water test in their property.
Landlords can arrange a test by contacting Scottish Water or a private laboratory. If the water supply to a property is found to have an amount of lead above 10 micrograms in it, the testing company will specify what works are required. Typically, repairs include removal of tanks and replacement of pipes. If the source of the lead is confined to your flat itself, you can organise works yourself, but if the source is in a common area of your building, you will have to work with your fellow co-owners to organise a common repair to remove the lead.
Common areas
The 2024 update introduced new criteria for the maintenance and upkeep of common areas as part of the Repairing Standard:
- When the privately rented house is a flat in a tenement and the tenancy agreement includes the use of common parts such as common closes and shared gardens, the tenant must be able to safely use and access these areas.
- Where a house is in a tenement, common doors must be secure and fitted with satisfactory emergency exit locks. When determining if the house meets the standard of repair required by this part of the Repairing Standard, the landlord must ensure that the type of emergency exit locks fitted allows tenants to open them from the inside without a key, so that they do not inhibit exit in the event of a fire.
Repairs to common areas must be organised in collaboration with the other owners in the building, requiring a majority vote in favour for the work to be arranged. It can therefore be challenging for landlords to organise repairs to these parts of the building if their fellow owners do not agree to work with them.
If you are a landlord in this situation, worried that your neighbours’ reluctance could lead to you failing the Repairing Standard, there are many resources here to assist you in the process of organising common repairs and what to do if other owners won’t engage with you.
Damp and mould
Awaab’s Law is coming to Scotland. Awaab Ishak sadly lost his life at just two years old after prolonged exposure to damp and mould in his family’s social housing property. The Scottish Government announced their plans to introduce this in Scotland as part of the Housing (Scotland) Act 2025.
Currently, the proposal is for the Investigation and Commencement of Repair (Scotland) Regulations 2026 to be introduced on 6th October 2026. This will form part of the Repairing Standard and require landlords to act in timeframes when they receive complaints about damp and mould in their properties. Proposals include:
- A deadline of ten working days to investigate a damp and mould complaint in their property
- Three working days to write to the tenant with a summary of their findings and the work that will be carried out to remedy the problem
- Five working days to arrange repair works
Damp and mould are both caused by excessive moisture in a building, which may be attributed to a building fabric issue causing rising or penetrating damp, or it may be due to condensation within a property from poor ventilation.
Depending on the root cause, an individual or common repair may be required, so make sure to investigate the cause of damp and mould before you treat it.
The Repairing Standard is a crucial piece of legislation designed to keep properties in good repair so that they are safe to rent out. You can find out more about the Repairing Standard, and how to comply with it, by visiting Under One Roof’s dedicated webpage on the topic.
