The Repairing Standard Etc & Other Information. 18.1 The Repairing Standard The landlord must ensure that the property is in the condition, and has the facilities, set out in the Repairing Standard. If the property is not in that condition, or does not have any of those facilities, the tenant or the local council can apply to the Tribunal to tell the landlord to do what is needed. The Repairing Standard means: • The property must be wind and water tight and in all other respects fit for people to live in. For example, there should not be any gaps between window or door frames and walls or any missing roof slates or tiles, which result in wind or rain getting into the property. • The structure and exterior (including drains, gutters and external pipes) must be in a reasonable state of repair and in proper working order. For example, walls must be in a reasonable condition, as must roofs so as to avoid water leaking through the roof into the property. • Installations for water supply, gas and electricity and for sanitation, heating and heating water must be in a reasonable state of repair and in proper working order. • Pipes, tanks, boilers, meters and cables, toilets, radiators and other heaters - must all be in a reasonable state of repair and in proper working order. • Any fixtures, fittings and appliances that the landlord provides under the tenancy must be in a reasonable state of repair and in proper working order. Appliances include, for example, kitchen and laundry equipment such as cookers, microwave ovens, fridges and freezers, washing machines, tumble dryers, kettles, toasters and the like. • Any furnishings (such as chairs, settees and beds) that the landlord provides under the tenancy must be capable of being used safely for the purpose for which they are designed. One thing that this will mean is that they meet fire retardant standards (see Note 18.8 – Furnishings). • The property must have a way (such as smoke alarms wired to the mains electricity supply or tamper proof long-life lithium battery alarms) of detecting fires and for giving warning in the event of a fire or suspected fire. (The Scottish Government guidance on this is found at xxxxx://xxx.xxx.xxxx/publications/fire-safety-guidance- private-rented-properties/) • The property must have a way to warn if carbon monoxide is present in a concentration that is dangerous for people. (The Scottish Government guidance on this is found at xxxxx://xxx.xxx.xxxx/publications/carbon-monoxide-alarms-in- private-rented-properties-guidance/) Before the tenancy begins, the landlord must check whether the property meets the Repairing Standard. If it does not, the landlord must notify the tenant of any work that needs to be done to make the property meet the Repairing Standard - and the landlord must then get that work done (at the landlord's cost) within a reasonable time. The landlord must also make sure the property meets the Repairing Standard throughout the tenancy - except that the landlord does not have to repair any damage that was caused by the tenant (which goes beyond normal wear and tear). If the tenant tells the landlord about a defect, then the landlord must fix it within a reasonable time. If the landlord causes any damage when they are carrying out repairs, the landlord must also repair that damage. If the tenant thinks the landlord has failed to make sure the property meets the Repairing Standard, then the tenant should first contact the landlord. If the landlord does not sort the problem out, then the tenant can apply to the Tribunal. The Tribunal might do one of three things: • It might reject the application; or • It might agree with the tenant and order the landlord to carry out repairs; or • It might suggest that the dispute could be resolved by both the tenant and the landlord, perhaps with the help of mediation - which is a third person meeting with the landlord and tenant to try to find a way of sorting things out. If the landlord is ordered to carry out repairs, the order will give them a reasonable amount of time to carry out the repairs. If they do not do so, the Tribunal can issue a rent relief order. The rent relief order is an order reducing the rent the tenant has to pay by an amount not exceeding 90%. The tenant should not withhold rent without a rent relief order being issued by the Tribunal.
Appears in 2 contracts
Samples: Private Residential Tenancy Agreement, Model Private Residential Tenancy Agreement
The Repairing Standard Etc & Other Information. 18.1 17.1 The Repairing Standard The landlord must ensure that the property is in the condition, and has the facilities, set out in the Repairing Standard. If the property is not in that condition, or does not have any of those facilities, the tenant or the local council can apply to the Tribunal to tell the landlord to do what is needed. The Repairing Standard means: • The property must be wind and water tight and in all other respects fit for people to live in. For example, there should not be any gaps between window or door frames and walls or any missing roof slates or tiles, which result in wind or rain getting into the property. • The structure and exterior (including drains, gutters and external pipes) must be in a reasonable state of repair and in proper working order. For example, walls must be in a reasonable condition, as must roofs so as to avoid water leaking through the roof into the property. • Installations for water supply, gas and electricity and for sanitation, heating and heating water must be in a reasonable state of repair and in proper working order. • Pipes, tanks, boilers, meters and cables, toilets, radiators and other heaters - must all be in a reasonable state of repair and in proper working order. • Any fixtures, fittings and appliances that the landlord provides under the tenancy must be in a reasonable state of repair and in proper working order. Appliances include, for example, kitchen and laundry equipment such as cookers, microwave ovens, fridges and freezers, washing machines, tumble dryers, kettles, toasters and the like. • Any furnishings (such as chairs, settees and beds) that the landlord provides under the tenancy must be capable of being used safely for the purpose for which they are designed. One thing that this will mean is that they meet fire retardant standards (see Note 18.8 – Furnishings). • The property must have a way (such as smoke alarms wired to the mains electricity supply or tamper proof long-life lithium battery alarms) of detecting fires and for giving warning in the event of a fire or suspected fire. (The Scottish Government guidance on this is found at xxxxx://xxx.xxx.xxxx/publications/fire-safety-guidance- private-rented-xxxxx://xxx.xxx.xxxx/publications/fire-safety-guidance-private-rented- properties/) • The property must have a way to warn if carbon monoxide is present in a concentration that is dangerous for people. (The Scottish Government guidance on this is found at xxxxx://xxx.xxx.xxxx/publications/carbon-monoxide-alarms-in- private-xxxxx://xxx.xxx.xxxx/publications/carbon-monoxide-alarms-in-private- rented-properties-guidance/) Before the tenancy begins, the landlord must check whether the property meets the Repairing Standard. If it does not, the landlord must notify the tenant of any work that needs to be done to make the property meet the Repairing Standard - and the landlord must then get that work done (at the landlord's cost) within a reasonable time. The landlord must also make sure the property meets the Repairing Standard throughout the tenancy - except that the landlord does not have to repair any damage that was caused by the tenant (which goes beyond normal wear and tear). If the tenant tells the landlord about a defect, then the landlord must fix it within a reasonable time. If the landlord causes any damage when they are carrying out repairs, the landlord must also repair that damage. If the tenant thinks the landlord has failed to make sure the property meets the Repairing Standard, then the tenant should first contact the landlord. If the landlord does not sort the problem out, then the tenant can apply to the Tribunal. The Tribunal might do one of three things: • It might reject the application; or • It might agree with the tenant and order the landlord to carry out repairs; or • It might suggest that the dispute could be resolved by both the tenant and the landlord, perhaps with the help of mediation - which is a third person meeting with the landlord and tenant to try to find a way of sorting things out. If the landlord is ordered to carry out repairs, the order will give them a reasonable amount of time to carry out the repairs. If they do not do so, the Tribunal can issue a rent relief order. The rent relief order is an order reducing the rent the tenant has to pay by an amount not exceeding 90%. The tenant should not withhold rent without a rent relief order being issued by the Tribunal.
Appears in 1 contract
The Repairing Standard Etc & Other Information. 18.1 17.1 The Repairing Standard The landlord must ensure that the property is in the condition, and has the facilities, set out in the Repairing Standard. If the property is not in that condition, or does not have any of those facilities, the tenant or the local council can apply to the Tribunal to tell the landlord to do what is needed. The Repairing Standard means: • The property must be wind and water tight and in all other respects fit for people to live in. For example, there should not be any gaps between window or door frames and walls or any missing roof slates or tiles, which result in wind or rain getting into the property. • The structure and exterior (including drains, gutters and external pipes) must be in a reasonable state of repair and in proper working order. For example, walls must be in a reasonable condition, as must roofs so as to avoid water leaking through the roof into the property. • Installations for water supply, gas and electricity and for sanitation, heating and heating water must be in a reasonable state of repair and in proper working order. • Pipes, tanks, boilers, meters and cables, toilets, radiators and other heaters - must all be in a reasonable state of repair and in proper working order. • Any fixtures, fittings and appliances that the landlord provides under the tenancy must be in a reasonable state of repair and in proper working order. Appliances include, for example, kitchen and laundry equipment such as cookers, microwave ovens, fridges and freezers, washing machines, tumble dryers, kettles, toasters and the like. • Any furnishings (such as chairs, settees and beds) that the landlord provides under the tenancy must be capable of being used safely for the purpose for which they are designed. One thing that this will mean is that they meet fire retardant standards (see Note 18.8 – Furnishings). • The property must have a way (such as smoke alarms wired to the mains electricity supply or tamper proof long-life lithium battery alarms) of detecting fires and for giving warning in the event of a fire or suspected fire. (The Scottish Government guidance on this is found at xxxxx://xxx.xxx.xxxx/publications/fire-safety-guidance- private-rented-properties/) • The property must have a way to warn if carbon monoxide is present in a concentration that is dangerous for people. (The Scottish Government guidance on this is found at xxxxx://xxx.xxx.xxxx/publications/carbon-monoxide-alarms-in- private-rented-properties-guidance/) Before the tenancy begins, the landlord must check whether the property meets the Repairing Standard. If it does not, the landlord must notify the tenant of any work that needs to be done to make the property meet the Repairing Standard - and the landlord must then get that work done (at the landlord's cost) within a reasonable time. The landlord must also make sure the property meets the Repairing Standard throughout the tenancy - except that the landlord does not have to repair any damage that was caused by the tenant (which goes beyond normal wear and tear). If the tenant tells the landlord about a defect, then the landlord must fix it within a reasonable time. If the landlord causes any damage when they are carrying out repairs, the landlord must also repair that damage. If the tenant thinks the landlord has failed to make sure the property meets the Repairing Standard, then the tenant should first contact the landlord. If the landlord does not sort the problem out, then the tenant can apply to the Tribunal. The Tribunal might do one of three things: • It might reject the application; or • It might agree with the tenant and order the landlord to carry out repairs; or • It might suggest that the dispute could be resolved by both the tenant and the landlord, perhaps with the help of mediation - which is a third person meeting with the landlord and tenant to try to find a way of sorting things out. If the landlord is ordered to carry out repairs, the order will give them a reasonable amount of time to carry out the repairs. If they do not do so, the Tribunal can issue a rent relief order. The rent relief order is an order reducing the rent the tenant has to pay by an amount not exceeding 90%. The tenant should not withhold rent without a rent relief order being issued by the Tribunal.
Appears in 1 contract
The Repairing Standard Etc & Other Information. 18.1 The Repairing Standard The landlord must ensure that the property is in the condition, and has the facilities, set out in the Repairing Standard. If the property is not in that condition, or does not have any of those facilities, the tenant or the local council can apply to the Tribunal to tell the landlord to do what is needed. The Repairing Standard means: • The property must be wind and water tight and in all other respects fit for people to live in. For example, there should not be any gaps between window or door frames and walls or any missing roof slates or tiles, which result in wind or rain getting into the property. • The structure and exterior (including drains, gutters and external pipes) must be in a reasonable state of repair and in proper working order. For example, walls must be in a reasonable condition, as must roofs so as to avoid water leaking through the roof into the property. • Installations for water supply, gas and electricity and for sanitation, heating and heating water must be in a reasonable state of repair and in proper working order. • Pipes, tanks, boilers, meters and cables, toilets, radiators and other heaters - must all be in a reasonable state of repair and in proper working order. • Any fixtures, fittings and appliances that the landlord provides under the tenancy must be in a reasonable state of repair and in proper working order. Appliances include, for example, kitchen and laundry equipment such as cookers, microwave ovens, fridges and freezers, washing machines, tumble dryers, kettles, toasters and the like. • Any furnishings (such as chairs, settees and beds) that the landlord provides under the tenancy must be capable of being used safely for the purpose for which they are designed. One thing that this will mean is that they meet fire retardant standards (see Note 18.8 – Furnishings)standards. • The property must have a way (such as smoke alarms wired to the mains electricity supply or tamper proof long-life lithium - not battery alarmspowered) of detecting fires and for giving warning in the event of a fire or suspected fire. (The Scottish Government guidance on this is found at xxxxx://xxx.xxx.xxxx/publications/fire-safety-guidance- private-xxxxx://xxx.xxx.xxxx/publications/fire-safety-guidance-private- rented-properties/) • The property must have a way to warn if carbon monoxide is present in a concentration that is dangerous for people. (The Scottish Government guidance on this is found at xxxxx://xxx.xxx.xxxx/publications/carbon-monoxide-alarms-in- private-rented-properties-guidance/) Before the tenancy begins, the landlord must check whether the property meets the Repairing Standard. If it does not, the landlord must notify the tenant of any work that needs to be done to make the property meet the Repairing Standard - and the landlord must then get that work done (at the landlord's cost) within a reasonable time. The landlord must also make sure the property meets the Repairing Standard throughout the tenancy - except that the landlord does not have to repair any damage that was caused by the tenant (which goes beyond normal wear and tear). If the tenant tells the landlord about a defect, then the landlord must fix it within a reasonable time. If the landlord causes any damage when they are carrying out repairs, the landlord must also repair that damage. If the tenant thinks the landlord has failed to make sure the property meets the Repairing Standard, then the tenant should first contact the landlord. If the landlord does not sort the problem out, then the tenant can apply to the Tribunal. The Tribunal might do one of three things: • It might reject the application; or • It might agree with the tenant and order the landlord to carry out repairs; or • It might suggest that the dispute could be resolved by both the tenant and the landlord, perhaps with the help of mediation - which is a third person meeting with the landlord and tenant to try to find a way of sorting things out. If the landlord is ordered to carry out repairs, the order will give them a reasonable amount of time to carry out the repairs. If they do not do so, the Tribunal can issue a rent relief order. The rent relief order is an order reducing the rent the tenant has to pay by an amount not exceeding 90%. The tenant should not withhold rent without a rent relief order being issued by the Tribunal.
Appears in 1 contract
Samples: Private Residential Tenancy