The proposed amendments and when they are expected to come into force:
Coming into force: 1 March 2019
Exceptions to a Landlord's repairing duties
Where a landlord is required to carry out a repair to a common part which is owned with others and the majority of owners do not consent to having the repair carried out, the property will be deemed as not having failed the Repairing Standard as the landlord does not have the necessary rights.
The Repairing Standard does not apply to a tenancy of a house which has been let for a holiday and does not exceed 31 days.
Extension to the repairing standard
The Tolerable Standard found in the Housing (Scotland) Act 1987 will be incorporated into the Repairing Standard. Guidance is expected.
Coming into force: 1 February 2021
The requirements for a house to have satisfactory fire detection alarms and carbon monoxide alarms are removed from the Repairing Standard and will be added to the Tolerable Standard. The new requirements are for a house to have satisfactory fire detection and carbon monoxide alarms and will ensure all tenancies meet with the requirements.
Coming into force: 1 March 2024
The Repairing Standard is amended to include:
- Residual current devices to help reduce the risk of fire and electrocution
- The installation and supply of fuels are extended to include those fuels other than gas and electricity which must also be in a reasonable state of repair and in proper working order
- The property must benefit from a fixed heating system
- All common parts pertaining to the property can be safely accessed and used
- The property must have satisfactory provision for, and safe access to, a food storage space and a food preparation space; and
- Where the property is in a tenement, satisfactory locks on common doors in tenements are fitted to include satisfactory emergency exit locks, doors that can be opened from the inside without the need for a key.
Coming into force: 28 March 2027
The Repairing Standard will affect tenancies created under the Agricultural Holdings (Scotland) Act 2003, the Crofters (Scotland) Act 1993 and the Small Landholders (Scotland) Acts 1886 to 1931.
The Scottish Ministers will issue further guidance on their expectations for the amendments to be met and we will issue this as soon as the information becomes available.
When the draft orders have been approved by resolution of the Scottish Parliament and become effective ARLA Propertymark will ensure that our members are advised accordingly.
