Part 1Housing standards
Chapter 4The repairing standard
Landlord's duty to repair and maintain
12Tenancies to which repairing standard duty applies
1
This Chapter applies to any tenancy of a house let for human habitation unless it is—
a
a Scottish secure tenancy or a short Scottish secure tenancy,
b
a tenancy of a house retained or purchased by a local authority under section 121 of the 1987 Act for use as housing accommodation,
c
a tenancy of a house which is—
i
on land comprised in a lease constituting—
A
a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)),
B
a short limited duration tenancy (within the meaning of that Act), F1...
C
a limited duration tenancy (within the meaning of that Act), and
F2D
a modern limited duration tenancy (within the meaning of that Act), or
E
a repairing tenancy (within the meaning of that Act),
ii
occupied by the tenant of the relevant lease,
d
a tenancy of a house on a croft (within the meaning of the Crofters (Scotland) Act 1993 (c. 44)), or
e
a tenancy of a house on a holding situated outwith the crofting counties (within the meaning of that Act of 1993) to which any provision of the Small Landholders (Scotland) Acts 1886 to 1931 applies.
f
a tenancy of a house which does not exceed 31 days where the purpose of the tenancy is to confer on the tenant the right to occupy the house for a holiday F3unless the tenancy is a short-term let.
2
A reference in this Chapter to a tenancy refers only to a tenancy to which this Chapter applies.
F43
For the purposes of this Chapter, a short-term let is a type of tenancy (and the terms landlord, let and tenant are to be construed accordingly).
4
In this section, a short-term let has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.