Housing (Scotland) Act 2006

13 The repairing standard S

(1) A house meets the repairing standard if—

(a) the house is wind and water tight and in all other respects reasonably fit for human habitation,

(b) the structure and exterior of the house (including drains, gutters and external pipes) are in a reasonable state of repair and in proper working order,

(c) the installations in the house for the supply of water, gas [F1 , electricity (including residual current devices) and any other type of fuel] and for sanitation, space heating [F2 by a fixed heating system] and heating water are in a reasonable state of repair and in proper working order,

(d) any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order,

(e) any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed, F3 ...

F4 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (h) the house meets the tolerable standard.]

[F6 (i) any common parts pertaining to the house can be safely accessed and used,

(j) the house has satisfactory provision for, and safe access to, a food storage area and a food preparation space, and

(k) where the house is in a tenement, common doors are secure and fitted with satisfactory emergency exit locks.]

(2) In determining whether a house meets the standard of repair mentioned in subsection (1)(a), regard is to be had to the extent (if any) to which the house, by reason of disrepair or sanitary defects, falls short of the provisions of any building regulations.

(3) In determining whether a house meets the standard of repair mentioned in subsection (1)(b), regard is to be had to—

(a) the age, character and prospective life of the house, and

(b) the locality in which the house is situated.

(4) The reference in subsection (1)(c) to installations in a house includes reference to installations outwith the house which, directly or indirectly, serve the house and which the owner is responsible for maintaining (solely or in common with others) by virtue of ownership, any real burden or otherwise.

[F7 (7) In determining whether a house meets the standards of repair mentioned in subsection (1)(c) to (k) regard is to be had to any guidance issued by the Scottish Ministers in relation to—

(a) the condition of pipes supplying water for human consumption,

(b) electrical safety standards in relation to—

(i) installations for the supply of electricity, and

(ii) electrical fixtures, fittings and appliances,

(c) installation of a fixed heating system,

(d) equipment for detecting fire and for giving warning of fire or suspected fire,

(e) the tolerable standard,

(f) the type of emergency exit locks to be fitted to common doors in tenements,

(g) equipment for detecting, and for giving warning of, carbon monoxide in a concentration that is hazardous to health,

(h) the provision for, and safe access to, a food storage area and a food preparation space.]

Textual Amendments

F1 Words in s. 13(1)(c) substituted (1.3.2024) by The Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 (S.S.I. 2019/61), regs. 1(4), 3(2)(a)(i)

F2 Words in s. 13(1)(c) inserted (1.3.2024) by The Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 (S.S.I. 2019/61), regs. 1(4), 3(2)(a)(ii)

F3 Word in s. 13(1) repealed (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 22(a), 104(3); S.S.I. 2015/272, art. 2, Sch.

F4 S. 13(1)(f)(g) omitted (1.2.2022) by virtue of The Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 (S.S.I. 2019/61), regs. 1(3), 3(2)(b) (as amended by S.S.I. 2021/47, reg. 2(2))

F5 S. 13(1)(h) inserted (1.3.2019) by The Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 (S.S.I. 2019/61), regs. 1(2), 3(2)(c)

F6 S. 13(1)(i)(j)(k) inserted (1.3.2024) by The Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 (S.S.I. 2019/61), regs. 1(4), 3(2)(d)

F7 S. 13(7) substituted for s. 13(4A)(5)(6) (1.3.2019) by The Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 (S.S.I. 2019/61), regs. 1(2), 3(3)