The Repairing Standard And Third Party Reporting

1. The Repairing Standard And Third Party Reporting

2. Housing (Scotland) Act 2006 as amended • Landlords have a duty to ensure house meets the “repairing standard” at the start of the tenancy and at all times during the tenancy • “house” includes common parts (provided Tenant entitled to use them and Landlord has maintenance duty for the common parts). • If a house does not meet the tolerable standard it is to be treated as not being in a reasonable state of repair • Mixed block of residential and non residential premises - See Section 69

3. Jurisdiction • Prohibition against contracting out of duty • Must be a tenancy at time of application (Occupancy agreements are excluded) • No application can be made where the landlord is: • A local authority landlord • A Registered Social Landlord (RSL) or • Scottish Water

4. Exclusions • The tenancy was originally for a period of 3 years or more and cannot be terminated during that period and tenancy agreement makes tenant responsible for repairs • Repair needed due to damage by tenant • Rebuilding/ reinstatement due to damage by storm, flood or other inevitable accident • Works to anything which tenant is entitled to remove

5. The Repairing Standard • 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 – look to (a) the age, character and prospective life of the house, and • (b) the locality in which the house is situated.

6. The Repairing Standard (c) the installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in a reasonable state of repair and in proper working order, - includes installations outwith the house which directly or indirectly serve the house which the owner is responsible for maintaining (solely or in common), (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,

7. The Repairing Standard (e) any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed, and (f) the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire – regard to building regulations and statutory guidance – changed 2013 • If a house does not meet the tolerable standard it is to be treated as not being in a reasonable state of repair

8. Repairing Standard Changes • Introduced from 1/12 /2015 • (g)the house has satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health -look to building regulations and guidance issued by the Scottish Ministers • Statutory guidance for mandatory electrical testing and provisions relating to competent electrical contractor • Housing (Scotland) Act 2014 –third party reporting by local authorities

9. 3rd Party ReportingImplementation Timetable 1 December 2015 -Glasgow City; Dundee City; Dumfries and Galloway (3) 1 April 2016 - City of Edinburgh; Aberdeen City; Renfrewshire; Highland; North Lanarkshire; North Ayrshire; Aberdeenshire; West Lothian; East Dunbartonshire; Comhairle nan Eilean Siar; East Ayrshire; East Lothian; Moray; Orkney Islands; Shetland Islands. (15) 1 June 2016 - Fife; South Lanarkshire; East Renfrewshire; Scottish Borders; Stirling; Angus; Argyll and Bute; South Ayrshire; Midlothian; Perth and Kinross;Clackmannanshire; Falkirk; Inverclyde; West Dunbartonshire. (14)

10. LA Actions before making application • approach the tenant to enquire if the tenant wishes to be a participating party to the proceedings, or an interested person. • When the application is received by prhp a copy of all the application paperwork will be sent to the tenant and tenant has 14 days to change position on this.

11. Participating Party/ Interested Party What does it mean if the tenant is a ‘participating party As a participating party the tenant will be able to take an active role and can submit written representations to a Committee; present evidence at a Hearing; call witnesses and submit documents; and submit an appeal or take a role in the appeal proceedings if one arises. What does it mean if the tenant is an ‘interested person A tenant can choose not to take an active role as a party, in which case the tenant will be treated as an interested person and would then be entitled to receive a copy of Committee decisions; can observe the hearing but will not be entitled to submit evidence; cannot submit written representations; and cannot participate in any appeal.

12. What action must an applicant take prior to making an application? • The applicant must notify the landlord that work requires to be done - need to attach a copy of this notification to form, and any subsequent correspondence relating to the notification– examples of evidence of notification is e-mails to landlord or letting agent/ copy of letter sent and recorded delivery receipt(applicants can download a sample letter from the website or obtain). • Must be fair notice of the problem – It must reflect each item of work listed in the subsequent application (if there is more than one item).It is important to carry out this notification requirement as it is only then that an application can be treated as valid and referred to a Committee for a decision.

13. Sending in an Application • Application Form - (insert website) • Notification – style if wish on website • Correspondence with landlord/ letting agent since notification • Copy of tenancy agreement or information about tenancy – landlord registration downloads • Must be tenancy in place at date application is made – Schedule 2 Para 7 applies to LA applications • No fee for bringing an application/ risk of expenses only if an appeal

14. One hearing covering Multiple applications? (for example with the same landlord or regarding the same repair in a common area) The Committee cannot hold Hearings that relate to different properties owned by the same landlord together, but they do have powers to hold Hearings relating to the same required work or the same property together

15. Can there be an RSEO for common repairs • Yes. If the Committee decide that the landlord has the necessary rights to complete the repair and is bound to pay a share of the common repairs and the tenant’s use of the house is adversely affected by the repair issue, then they are entitled to make an RSEO that requires the landlord to carry out common repairs.

16. Questions