The repairing standard is the minimum level of repair a house must achieve to be used as privately rented accommodation. It focuses on the condition of the building itself. This includes all installations, fittings, fixtures and furnishings that were provided as part of the tenancy.

Private landlords are responsible for making sure that their property meets the repairing standard at all times during the tenancy.

This involves carrying out all repairs that are necessary for the property to meet the repairing conditions. This includes repairing any damage that may be caused during the work.

The repairing standard applies to most private sector tenancies. However, there are some exceptions for example, mobile homes or crofting tenancies.

The full repairing standard is set out in the Housing (Scotland) Act 2006.

Meeting the repairing standard

A house meets the repairing standard if:

• it is wind and watertight (free from draughts and water leaks) and reasonably fit for people to live in
• the structure and outside of the house (including drains, gutters and outside pipes) are in proper working order
• the installations in the house for water, gas, electricity, sanitation, heating and water heating are in proper working order
• any fixtures, fittings and appliances provided by the landlord under the tenancy are in proper working order
• any furnishings provided by the landlord under the tenancy can be used safely for their designed purpose
• meets the statutory Tolerable Standard

Housing and Property Chamber: First Tier Tribunal

The Housing and Property Chamber can make private landlords carry out property repairs by using different types of enforcement action.

Private tenants who think their landlord has failed with their repairing duties will be able to apply for a decision. This is known as a determination.

If the panel agrees that the complaint is valid, the case will be referred to the Private Rented Committee. The committee will then decide which enforcement action to use. This could include issuing a:

• Repairing Standard Enforcement Order - this will outline what repairs must be done and a deadline for completion. Landlords who ignore an order may be fined
• Rent Relief Order - this order can reduce the tenant’s rent by up to 90% until the repairs are fully completed

You can contact the Housing and Property Chamber directly by phone on 0141 302 5900.

To be acceptable as living accommodation a house must meet certain standards of repair. This is known as the Tolerable Standard.

In 2024, Landlord to Landlord Sales was introduced which allows us to 'match up' a landlord (that has current sitting tenants) with buyers. This is for buyers who are already in the letting market or are looking to enter the market. We will provide the seller and purchaser with each other’s details so they can make contact directly. Selling this way can be a good solution for everyone involved.

Given the current environment, many private landlords have decided to withdraw from the housing market. This is due to the increase in mortgage rates and other factors.

Landlords may be reluctant to sell, where they have had a tenant renting their property for some time. The tenant’s family are usually settled within the community at this point. Rather than serve notice on the tenant, landlords can consider selling the property with the tenant in situ.

Benefits of this type of sale

This type of sale benefits everyone involved, see these benefits below.

The selling landlord

• No lost rental, void time, or council tax levy charges while the property is empty.
• No need to serve a notice to leave or apply to the Housing and Property Chamber and property can be sold quickly.
• No marketing or house clearance costs, not having to worry about making sure the tenants belongings are out of the property.

The buying landlord

• No search for a tenant or need to do a new lease agreement or certificates as existing one’s transfer.
• No lost rental or requirement for refurbishment.

The tenant

• No upheaval, expense or insecurity of finding and moving house.
• No uprooting children from school, friends and family.

The Council

• No lost council tax – exemption period vacant property.
• No presentations to Homeless services.

The environment

• Rubbish, furniture and white goods that are thrown out in a move will not happen.
• Community benefits – cohesion.

Our Pre-Tenancy Support Service for landlords provides free property inspections and tenancy agreement advice, acting as a preventative approach to future property condition issues.

This service is designed to help landlords get the best from their properties. It also makes sure that they comply with the necessary legislation.

We can:

• Carry out a pre-tenancy Repairing and Tolerable Standard inspection
• Give advice on what safety certificates you need
• Signpost you to standard tenancy agreement templates
• Give you information on how to find the right tenant for you
• Answer questions on what you need to do when setting up a new tenancy

We compile a Landlords Private Sector Matters magazine twice a year. It focuses on issues specific to landlords. Our Landlord Matters Autumn/Winter 2024 Edition is now available.

The Private Sector Advice Team also provides private sector information and guidance to:

• homeowners
• landlords
• private tenants

This covers a range of private sector housing matters including property condition and tenant rights and responsibilities.

Home2Fit allows you to advertise your property, for sale or to rent, highlighting its accessibility features and adaptations.

If a private tenant or someone in their household has a disability, they should be able to make changes to their home to meet their needs. However, this can only be done with your permission.

Private tenants will qualify for an 80% grant for the agreed cost of the work if they have:

• been assessed by a North Ayrshire Council occupational therapist as qualifying for a mandatory adaptation
• all the building warrants and planning permission they need
• the agreement of the landlord
• the permission of other owners (if the adaptation will change shared areas)

Some tenants may be eligible for a grant to cover the full costs if they receive:

• income support
• income-based Jobseeker’s Allowance
• Universal Credit
• Pension Credit (guarantee element)
• Employment Support Allowance (income related)

If you want grant funding for an adaptation, you will need to go through the application process before starting work. You can’t apply for grant funding if you have already started work to your property. You must also have the written agreement from your landlord to carry out the work.

If you would like to be assessed by an occupational therapist, call our Independent Living Service on 01294 476148.

Private landlords have a duty to take reasonable steps to help their disabled tenants adapt their homes. This could involve helping with small adaptations or equipment, such as:

• replacing or providing a sign or notice
• replacing or providing a suitable tap or door handle
• replacing, providing or adapting a doorbell or door-entry system
• changing the colour of a wall, door or any other surface

The Housing (Scotland) Act 2006 states that a private landlord doesn’t have to make changes in the form of structural adaptations for a tenant. This could be something like, replacing a bath with a level-access shower. However, if you are a disabled tenant and ask for a structural adaptation, your landlord can’t refuse without good reason. Your landlord has no responsibility to pay for the adaptation you have asked for.

Your landlord can also set some conditions on their agreement to the work. These could include:

• setting the standard the work must reach
• insisting that you return the property to the condition it was in originally when you leave the tenancy

When considering whether to give their permission, a landlord will need to think about:

• the tenant’s disability
• whether the planned work will meet your needs
• the safety of the occupiers of the home or of any other home nearby. For example, if the work affects a shared area, this shouldn’t put any residents in danger
• any costs which they will need to cover, because of the planned work
• if it will be possible to return the property to the condition it was in before the work was done
• whether the planned work is likely to:
• lower the value of the property
• lower the value of any other home in the building (for example, if it is in a block of flats)
• make the property or any other part of the grounds less suitable for letting or for sale

We would expect the landlord to try and find another suitable tenant for the property, in its adapted condition.

If the landlord can’t find a new tenant, in certain situations we may meet 80% of the costs to remove or change the adaptations that are making it difficult to re-let the property.

If you think a tenant has died:

1. contact the police
2. do not enter the property
3. wait outside the property and do not allow anyone else to enter until the police have arrived

If you find a tenant that has died:

1. contact the police
2. do not attempt to move the body or touch any items in the property. When a body has been found, the police will need to examine the property. You must leave everything as you found it
3. securely lock the property and wait outside
4. do not allow anyone else to enter the property until the police have arrived

Contacting the police

If you think that the death of your tenant may be suspicious, contact the police by calling 999. For example, you may go to the property and see signs of a break-in and signs of a struggle. This could include bloodstains in the property or around the body.

If you think that your tenant has died of natural causes, contact the police by calling 101 (24 hours). For example, you find an elderly tenant dead in their home, with no sign of forced entry, or struggle.

Access during an investigation

The police will normally use barrier tape to mark off the area being examined. Police officers will control who can go into that area. During this time it is unlikely that you would be able to get into your property.

In some buildings, there will be common areas that more than one tenant or resident will use. If the investigation includes common areas, access for other people living in the building may also be affected.

The police will make it a priority to examine common areas. This is so other people can return to their homes as soon as possible.

The amount of time before a property can be returned to normal use will depend on how complicated the investigation is. This could be hours, days, weeks or even months.

Communication with the police

Generally, the police will communicate with all relevant people and make them aware that there has been a death. The leading police officer, often a detective sergeant, will be your main contact during an investigation. They will be able to keep you informed about police progress.

The tenants family

On most occasions, the police will take responsibility for keeping close family and other relatives informed.

If it appears a suspicious death has taken place, the police may involve a family liaison officer. This officer will act as a link between the family and you.

Other tenants or residents

It is important to make sure that other tenants or residents nearby are kept informed during the investigation. The police will be responsible for what information can be given out.

If you have any questions about the investigation, you should speak to the leading police officer.

Journalists

In situations where it appears a suspicious death has taken place, there can often be interest from journalists. If you are approached by members of the press, you should not make any comment during the investigation. A member of the police team will deal with any questions.

Cleaning and repairs

As a landlord, you are responsible for making sure that your property is properly cleaned and repaired after a death. This should also help you to let the property again more quickly, reducing the loss of rental income.

Following a death, cleaning and repair work will involve greater care than ordinary work to the property. The standard will generally be higher, as often a death will leave behind waste that is not safe. For example, after a death, traces of blood or other bodily fluids may be trapped under floorboards.

There are many companies that specialise in cleaning properties following incidents such as a sudden death. They will have the equipment, experience, and knowledge to make sure all traces of waste are properly removed.

Landlord or building insurance for the property may be able to help with the costs of cleaning and repairs. However, the cover available will depend on the circumstances of the death. You should always contact your insurance provider to see what is covered under your policy.

Dealing with personal belongings

How you deal with personal belongings depends on the tenants next of kin status.

If the tenant has a next of kin

If the tenant had written a will, it will mention who should keep their belongings and other assets. The person dealing with the will (known as the executor) has responsibility for arranging to remove items from the property.

You should keep in close contact with the executor to help them to carry out their role. This will allow the property to be emptied more quickly, and will shorten the time before you can let it again.

If the tenant did not have a will, any of the tenants belongings automatically pass to the next of kin. The next of kin has responsibility for removing any belongings from the property.

You should keep in close contact with the next of kin and family during this time. 

When family members or an executor are arranging for your property to be cleared you should clearly tell them: 

• by what date the property should be emptied
• if you plan to charge rent during this time

Consider the situation, while you want the property emptied quickly, putting pressure on someone to do so is not reasonable.

It is good practice to provide the above information in writing. This could be in the form of a short letter, to the family or executor.

If the tenant doesn't have any next of kin

If you cannot find any relatives for your tenant, you must contact: 

Crown Office and Procurator Fiscal Office
The National Ultimus Haeres Unit
101 Gorbals Street
Glasgow, G5 9DWL 
Phone: 0844 561 4846 
Fax: 0844 561 4839

The role of this organisation is to trace any living relatives of the tenant. They will carry out a short investigation at the property. This may include speaking to neighbours to gather more information about the person.

Following this, the belongings of the tenant will be collected by a representative and held until a relative is found. You will be able to get rid of any items which were not taken. However, you should only do this once you have permission in writing from the Crown Office.

Ending the tenancy

As a rule for privately rented properties, a tenancy will end when the tenant dies. An exception to this is when there is a qualified person to succeed the tenancy.

Housing Benefit

If your tenant was receiving Housing Benefit, this payment will end on the date of the tenant’s death. To avoid overpayment, call our Housing Benefits Team on 01294 310000 so we can make a note of these changes.

If the tenant had rent arrears and was receiving Housing Benefit, we can pay you the benefit owed. This is to the level of rent outstanding on the date of their death. However, you will need to write to us to apply for this payment.

Succession

Assured and short-assured tenancies have the right to succession. This means a person who is qualified continues as the tenant.

Someone is qualified to continue the tenancy if:

• they were the husband, wife or civil partner of the tenant
• they were living with the tenant as a husband, wife or civil partner
• the tenancy was their only or main home before the death of the tenant

In an assured or short-assured tenancy, succession can only happen once. The person taking over as the new tenant will be responsible for the property and rent from the date of succession.

Succession may benefit you as it can reduce the amount of rent you will lose until the property is let again.

Other people who lived with the tenant

If your tenant was living with other family members or individuals before they died, you can arrange a new tenancy agreement with them. These groups don’t have the legal right to take over the tenancy. However, you can decide to allow them to if you want.

Beginning a new tenancy agreement may benefit you. It will reduce the amount of rent you would lose in finding new tenants for the property.

If you would like to start a new tenancy agreement but are not sure if the person will be able to afford the rent payments, you should tell them to call our Housing Advice Team on 01294 314600.

The following are defined as waste from landlords:

• waste generated from improvements, repairs or alterations to your property
• discarded fixtures and fittings that have been supplied as part of the terms of a lease of the property
• waste removed on behalf of a tenant, rather than being disposed of by the tenant themselves
• waste left after a tenant has left the premise

Under Section 34 of the Environmental Protection Act 1990, landlords renting property have legal obligations. This includes a duty of care to ensure that all waste arising from lettings is disposed of legally. Failure to comply is an offence and could lead to prosecution.

Agents acting on behalf of landlords may assume responsibility for absentee landlords.

Waste disposal responsibilities

Any waste created by the tenant during their tenancy is their responsibility. This includes:

• general rubbish (for example, food and nappy waste)
• recycling (for example, plastic bottles, cans and paper)
• garden waste (for example, grass cuttings and pruning’s)

The tenant should dispose of this via the Council’s domestic waste collection service provided to each domestically rated property. That is where the tenant is registered and paying Council Tax for the property.

If a tenant vacates the property and leaves behind waste, this waste now becomes your responsibility as the landlord. You can consider adding a clause to your tenancy agreement that requires all waste to be cleared at the end of the rental period to try and prevent this. Waste that becomes your responsibility is now classed as commercial, see how you can dispose of this waste below.

Legally disposing of waste

You have a few options when looking to legally dispose of waste: 

• contact us to arrange a:

• contact a suitably licensed waste contractor
• take your waste to a licensed facility such as a waste disposal company

If you have multiple tenanted properties, it may be more cost effective to set up a contract with a waste collection company.

Taking waste to Council dumps

Properties that are let, residentially or commercially, are considered a business. Therefore, any waste produced because of this business activity is classed as commercial waste. Waste from landlords is not accepted at Household Waste Recycling Centres (HWRCs) in North Ayrshire. HWRCs are only permitted to accept household waste, to knowingly deposit or accept commercial waste is illegal. 

Registered waste carrier

You may need to be a registered waste carrier. Please contact the Scottish Environment Protection Agency for guidance.