Repairing Standard for private rented housing
45. In order to improve conditions in the private rented sector, where there is a particularly high concentration of disrepair, the Act expands the definition of the repairing standard for private rented housing. As well as the existing duty to repair and maintain, landlords will also have to ensure that
- any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and working order
- any furnishings provided under the tenancy can be used safely
- there is satisfactory provision for detecting and giving warning of fires.
Landlords are likely to have a contractual duty in most of these areas, but the change puts that duty on a statutory basis. The duty does not apply to houses let under Scottish secure tenancies or short Scottish secure tenancies, or to some other categories of tenancy, but local authorities may let some houses under tenancies which are covered by these provisions.
46. Instead of having to take court action (a means of redress that is seldom used), a private tenant will be able to report an alleged breach of the landlord's repairing duty to the new private rented housing panel. This will be a quicker and easier route to enforce the landlord's obligations, and should result in more privately rented houses being in better repair.
47. The private rented housing panel will be based on the existing rent assessment panel. Cases will be heard by private rented housing committees.
48. If a private rented housing committee decides that the landlord has failed to comply with the duty, it must issue a repairing standard enforcement order requiring that the necessary work be carried out. If a private rented housing committee decides that the landlord has failed to comply with the repairing standard enforcement order, it must inform the local authority of this failure and it may make a rent relief order.
49. The requirement to meet the repairing standard should also be seen in the context of landlord registration, which requires landlords to meet standards of propriety.
Scottish Executive approach
50. This aspect of the Act will be taken forward by staff within the Housing and Regeneration Group of the Scottish Executive.
51. The key steps in implementation will be
- development of the private rented housing panel
- recruitment and training of panel members
- information for private landlords and tenants
- commencement of new repairing standard.
52. It is provisionally estimated that the private rented housing panel will be in place by early 2007, so that the repairing standard can then be implemented.
Local authority role
53. Section 36 of the Act allows a local authority at its discretion to carry out the relevant work if it is notified by a private rented housing committee that a landlord either is unable to comply with the repairing standard duty or has failed to comply with a repairing standard enforcement order. The local authority will be able to recover its expenses from the landlord. A local authority will also be involved in providing information about the repairing standard to tenants and landlords. Where the local authority becomes aware of a breach it will wish to take this into account in connection with the registration of the landlord concerned.
Local authority preparation
54. Local authorities will need to be aware of these provisions and their potential role in individual cases. They should incorporate suitable information in any advice they make available to private sector tenants. Local authorities will also want to check whether any houses in their ownership are covered by the provisions because they do not fall within the exemptions in section 12.