Repairing the standard

The days of private landlords taking their cue for property repairs and maintenance from Rigsby, recalcitrant landlord of 70s sitcom Rising Damp, are largely a thing of the past, thanks in part to the new “repairing standard” (part 1, chapter 4 of the Housing (Scotland) Act 2006), which came into force on 3 September 2007 to guide landlords in their duty.

The repairing standard applies to tenancies in the majority of rental houses (exceptions include social tenancies, crofts and agricultural tenancies), and pulls together a patchwork of obligations already conferred upon landlords.

It also sees the former rent committee metamorphose into the private rented housing panel (PRHP), a Scottish Government body, which will operate as enforcer, in ensuring landlords’ repair obligations are met, and mediator, in matters of dispute between tenant and landlord.

In short, the new repairing standard necessitates that a landlord ensures a property is wind and water tight and reasonably fit for human habitation; with a structure and exterior in reasonable repair and working order; and contains fixtures, fittings and appliances in reasonable repair and working order and safely fit for purpose.

Fire extension

No great change there, then. However, the legislation extends the landlord’s previous duty with the welcome clause that a landlord ensures there is “satisfactory provision for detecting fires and for giving warnings of fire or suspected fire”.

I say “welcome” because according to a statistical bulletin by the then Scottish Executive, “Fire Statistics Scotland 2005”, published in March 2007, in 2005 alone there were 56 fatalities in dwelling fires in Scotland, a rate of eight fatalities per 1,000 dwelling fires – higher than the rate in England and Northern Ireland although lower than in Wales.

Of the total number of house fires in Scotland, 39% occurred in dwellings without a smoke detector, and since 1996, the report says, the majority of fatalities here have occurred in dwellings without smoke alarms or where a smoke detector was present but failed to activate.

As from 3 September last year, landlords are compelled to fit private rented houses with at least one functioning smoke alarm, depending on the size and layout of the property. Alarms fitted before this date may be battery powered; however all fitted since then must be hard-wired, including replacement alarms, and as such may require a building warrant – to be decided at the discretion of the building standards department of the relevant local authority.

Points to check

From a conveyancing viewpoint, this is worth noting. Conveyancers should brush up on the policy of the local authority, and would be well advised to seek evidence of a building warrant and completion certificate for said smoke alarms, from the seller prior to concluding missives, to avoid the cost and hassle for the buyer of applying retrospectively.

Tenancy documentation should also make clients/landlords aware of their duty to ensure that a house meets the repairing standard at the start of a tenancy, and at all times during; and to provide the tenant with written information on the effect of the repairing standard in relation to their tenancy, and how it can be enforced through the PRHP. This duty of care during the tenancy only applies where the landlord is made aware of necessary repair work, with the onus on the tenant to inform the landlord.

In my experience tenants are becoming increasingly knowledgeable of their rights. With the PRHP capable of imposing a rent relief order to reduce rent payable if a landlord fails to comply, this is the time for landlords to review their practices for dealing with repairs.

Given that the avenue now exists for landlords to be called to account for their failure to repair, a landlord would be well advised to keep records of all communication with tenants. Should an occasion ever arise where a landlord is called before the PRHP, a written account of action – or inaction as the case may be with the Rigsbys of this world – can come in extremely valuable to dispel any argument.