Statutory guidance states new private renting standards
Central heating, "safe kitchens" and, for common entries, a secure entry system are among the new requirements for private rented property that will be in force a year from now.
Updated in 2019, the revised repairing standard under the Housing (Scotland) Act 2006 comes into force on 1 March 2024. Statutory guidance for landlords in relation to the requirements has now been issued under the Act.
Landlords were given five years to bring housing up to standard to meet new requirements, including:
- Safe kitchens: a requirement to have safely accessible food storage and food preparation space in a private rented house.
- Fixed heating system: the existing duty to ensure that heating installations are in a reasonable state of repair and proper working order will be amended to specify that there must be a fixed heating system in a private rented house.
- Safe access to common parts: where a private rented house is a flat in a tenement, the tenant must be able to safely access and use any common parts of the tenement, such as common closes.
- Safe and secure common doors: the existing duty to ensure fire safety will be amended to specify that common doors must be secure and fitted with satisfactory locks; these must allow users to open them from the inside without a key so that they do not inhibit exit in the event of a fire.
- Work on common parts: s 16 of the Housing (Scotland) Act 2006 (exceptions to the landlord's repairing duty) is amended to make it clear that a rented flat in a tenement does not fail the repairing standard if work otherwise needed to comply with the standard cannot be carried out because a majority of owners have refused consent to carry out the work.
- Residual current devices: installations for the supply of electricity must include a residual current device (a device to reduce the risk of electrocution and fire by breaking the circuit in the event of a fault).
- Fuels: the existing duty to ensure that installations for the supply of gas and electricity in a private rented house are in a reasonable state of repair and in proper working order will be extended to any other type of fuel.
The guidance also covers all areas where a duty currently exists, including the action landlords must take to prevent damp and mould.
The Scottish Government said similar standards are already in place in the social rented sector.
Housing Secretary Shona Robison commented: “Landlords have one year to meet our updated repairing standard, which will improve the condition of private rented property, make homes safer and ensure consistency between the social and private rented sectors.
“The majority of private landlords will already be meeting these standards. The guidance published today will help landlords better understand their responsibilities and ensure those who do need to carry out works can do so in advance of the 1 March 2024 deadline.
“All rented homes are required to meet standards that ensure they are free from damp and mould, and this guidance will help us to ensure this happens in the private rented sector.”