Properties let in the private sector need to meet a number of requirements in order to be let. These are:

1. The Tolerable Standard
2. The Repairing Standard
3. Smoke and Heat Detection
4. Electrical Installations Condition Report
5. Gas Servicing
6. EPC
7. Awaab's Law

Landlords and agents must carry out a pre-tenancy check of their property to identify work required to meet the Repairing Standard and notify tenants of any such work. Landlords have a duty to repair and maintain their property from the tenancy start date and throughout the tenancy. This includes a duty to make good any damage caused by doing that work.

On becoming aware of a defect, landlords must complete the work in a reasonable time.

Before a tenant (or their representative) can apply to the Housing and Property Chamber: First-tier Tribunal for Scotland (HPC) to enforce repairs, they must have notified their landlord/ agent that repair work is required and given them an opportunity to carry out the repairs; this should be done in writing using the template letter detailed below. Tenants must also allow the landlord/ agent a reasonable time in which to contact them to arrange to carry out the repairs. How much time is reasonable will depend upon the nature of the work needing done.

If the landlord fails to carry out the repairs, the tenant (or their representative) can apply to the HPC to enforce them.

If the HPC accepts the tenant's application, they will carry out an inspection of the property to assess the repair issues noted on the tenant’s letter to the landlord. Please note that the HPC will only investigate those matters that the landlord has been informed of in writing, so it is important that the tenant notes all repair issues on the template letter.

You can access a Sample Letter (tenant or third party) of Notification to Landlord of Repair Issues from the HPC website. 

In addition to listing the repair issues, on the same letter, we would suggest:

1. you check that the property you rent has the correct interlinked smoke and heat detection: if it doesn't, consider adding this into the letter. Further information is available at: Satisfactory fire and carbon monoxide detection: tolerable standard guidance - gov.scot
2. you consider requesting for copies of the current Gas Safety Certificate (if applicable) and Electrical Installation Condition Report (EICR – the electrical safety certificate)

The HPC will then instruct the landlord regarding the repairs. The HPC have various enforcement powers available to them if a landlord should fail. It is a criminal offence for a landlord to fail to comply with an HPC order without reasonable excuse.

Please consider the guidance below:

1. Complete the Landlord Notification of Repair template letter (document detailed above): list all of the repairs required, and we would suggest you consider requesting the applicable safety certificates
2. Keep a copy of the completed letter
3. Post letter to landlord/ agent (obtain proof of posting e.g. Recorded Delivery, as this will be required by the HPC to prove you have notified the landlord)
4. In addition, you could also email the letter to the landlord/ agent but before sending you should set the option to receive a 'delivery report’ when it has been delivered (there will be an ‘options’ tab that will allow you to set this)
5. Allow the landlord/ agent a reasonable time to contact you and arrange the repair (there is no definition of reasonable time – judge the time as you see fit)
6. If you are still of the opinion that the landlord/ agent has made no attempt to either contact you/arrange repair(s) please contact the HPC for Application Form A or download the application form at Repairs Application and Guidance

Information and guidance is also available on the Shelter Scotland website.

If required, Falkirk Council’s Private Sector Team can assist you with any questions, please contact us by email at: privatesector.housing@falkirk.gov.uk

In complying with the Tolerable Standard and the Repairing Standard, landlords should have regard to guidance issued by the Scottish Government. Guidance is detailed within the Satisfactory fire and carbon monoxide detection: tolerable standard guidance.

Satisfactory equipment for detecting and giving warning of, fire or suspected fire is defined as:

• one functioning smoke alarm in the room which is frequently used by the occupants for general daytime living purposes
• one functioning smoke alarm in every circulation space, such as hallways and landings
• one heat alarm in every kitchen, and
• all alarms must be interlinked
• this can be complied with by either mains-operated alarms or tamper proof long-life lithium battery alarms. Alarms can be wireless or Bluetooth connected but must be interlinked

In complying with the Repairing Standard, landlords should have regard to guidance issued by the Scottish Government. Guidance is detailed within Repairing Standard: statutory guidance for private landlords and directs to duties on the landlord within the Housing (Scotland) Act 2006

There are two parts to the electrical safety inspection, (1) an inspection of installations, fixtures and fittings to make sure it is safe and working properly and (2) a record of testing of appliances provided by the landlord

The minimum standard is that an electrical safety inspection is carried out every five years – but testing can be carried out more frequently. Further information can be found online at on the Housing and Property chamber website.

Landlords should ensure that inspections are carried out by a competent person – there is guidance on what standard is expected here – but a landlord can carry out appliance testing if they have undertaken appropriate training

Ensure there is one or more of the required RCD safety switches, as appropriate for the property

Ensure appropriate remedial work/ action is undertaken

The tenant must be given a copy of the inspection (EICR) when it is done. A new tenant must be given a copy of the most recent inspection before the tenancy begins

In complying with the Repairing Standard, landlords should have regard to guidance issued by the Scottish Government.

Guidance is detailed within Repairing Standard: statutory guidance for private landlords and directs to duties on the landlord within The Gas Safety (Installation and Use) Regulations 1998.

It is a private landlord responsibility to:

Ensure gas fittings and flues are maintained in a safe condition;

Ensure an annual safety check is carried out on each gas appliance and flue every 12 months by a Gas Safe registered engineer. This can now be carried out at month 10 but will retain the original date.

Keep the gas safety record for at least two years

Issue the safety check record to each existing tenant within 28 days of the check being completed; issuing a copy to any new tenants before they move in.

Further information can be found on the Health & Safety Executive website online 

Landlords are not responsible for appliances owned by their tenant or flue/chimneys solely connected to an appliance owned by the tenant. The tenant is responsible for undertaking these safety checks. The landlord must ensure that tenants are aware of this responsibility. Where there are no gas appliances/ flues within property, this is not required (Repairing Standard: statutory guidance for private landlords).

EPC's are required in most cases part of Building Regulations (The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012).

Energy Performance Certificates (EPCs) provide information on how energy efficient your building is, and how it could be improved. Buildings are rated on a scale from A to G, with A being the most efficient.

Energy Performance Certificates (EPCs) must be stated in the lettings advert and must be provided to a new tenant. EPCs do not have to be provided where an existing tenant is renewing their lease.

Landlords have a legal obligation to provide this information. To check if your property has an EPC, you can go online to the Scottish EPC Register.

Information on the draft minimum Energy Efficiency Standards in the Private Rented Sector are available on our Private housing: What's new in the Private Sector - Falkirk Council, under the Energy.