This guidance is for use in determining whether a house meets the standards of repair set out in the Repairing Standard (Housing (Scotland) Act 2006, Chapter 4). It applies from 1 March 2024 to all tenancies required to meet with the Repairing Standard.
The Repairing Standards
The Repairing Standard “applies to any tenancy of a house let for human habitation”, except specified tenancies. There are three elements to this:
Short-term holiday lets were previously excluded from the requirements of the Repairing Standard. However, article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 removed them from the list of specified excluded tenancies. Therefore, short-term lets, as defined by the Licensing Order, are required to meet the Repairing Standard. Article 3 sets out the definition of a short-term let for the purposes of licensing in Scotland. Article 10 (2) of Schedule 3 of the Licensing Order states “Where the premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises meet the repairing standard”. This therefore makes it a mandatory condition of obtaining a short-term let licence that the accommodation meets the Repairing Standard. As set out in Chapter 4 of the Housing (Scotland) Act 2006, the terms landlord, let and tenant, when used in this guidance, will be understood to apply accordingly to short-term lets.
This now includes mandatory Lead Testing of pre-1970 built properties by March 1st.
You can download the full Guidance below.