Under One Roof: Repairing Standard changes for landlords of tenement flats						

					

											
28 March 2024

									

			

							

					

					
	   					

				

					

	




    



    
        


            

                


                    

                        
The Repairing Standard covers the legal and contractual obligations of private landlords to ensure their property or properties meet the minimum physical standard of repair. The recent updates to the Repairing Standard, enforceable since 1st March 2024, include new measures for individual property elements, such as kitchens and heating systems, as well as the common areas of buildings, like the close and stairs. For landlords of flats, it’s important to understand the relevant updates specific to properties in tenement buildings and know the steps to take to ensure compliance.


The new measures


    

  • Safe kitchens: there must be safe and accessible food storage and preparation space in every rented property.
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  • Fixed heating system: there must be a plumbed or mains wired heating system, and plug-in or portable heaters can only be used in an emergency.
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  • Safe access to common parts: tenants must be able to safely access and use the common parts of the building, such as the close and stairs.
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  • Consent to work on common parts: landlords will not fail to comply with the Repairing Standard if work in common areas cannot be carried out due to not having majority consent from owners.
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  • Safe and secure common doors: common front and back doors must be fitted with secure and satisfactory locks so occupants can open doors without a key in an emergency; common front doors will require a door entry system to be installed.
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  • Residual current devices: the supply of electricity must be in working order and must include at least one residual current device – this device breaks the circuit in the event of a fault, reducing the risk of electrocution and fire.
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  • Other fuels: properties that use other fuel types, such as oil, liquid petroleum gas, or coal, must have systems checked regularly by a qualified professional to ensure they are in good working order.
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Additionally, landlords must also ensure that their property or properties have a satisfactory and adequate supply of drinking water. This supply must also comply with water quality regulations and have no more than 10 micrograms of lead per litre of water.


Landlords of pre-1970 properties are required to test drinking water outlets in their property or properties for lead to ensure compliance with this new update. Lead pipes were banned in 1970, so drinking water outlets in properties constructed after this time do not need to be tested. If unsuitable levels of lead are found in the water supply, the source must be traced, and any lead tanks or pipework should be removed or replaced.


Changes relevant to landlords of tenement flats


Landlords of tenement flats must guarantee tenants’ safe access to and use of common areas, such as the common close, common stair, common lift, bin stores, and drying areas. As part of this guidance, there must be adequate lighting, safe paths and ramps, and common spaces must be kept reasonably clean and tidy and free from obstructions. Additionally, any mechanical component required to make use of the space must be in good working order.


Moreover, common doors must be secure, fitted with satisfactory locks, and designed for easy exit during emergencies: locks must allow users to open them from the inside without a key so that they do not inhibit exit in the event of a fire or emergency. The common front door must have a secure entry system that signals visitor arrivals or deliveries and enables the tenant to open it remotely.


If the block of flats is three or fewer and all occupants have easy sight of or close access to the common front door, a secure entry system is not required.


The updated guidance also specifies suitable lock types for common front doors as follows:


    

  • Mortice locks (any number of levers);
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  • Rim-type deadlocks;
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  • Yale locks;
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  • Key operated multi-point locks;
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  • Electronic/magnetic locks.
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For common rear doors, locks must be of the same type as required for common front doors or comprise one or more substantial bolts secured from the inside.


Another notable update concerns Section 16 of the Housing (Scotland) Act 2006 which now provides further clarification to landlords’ duties. It specifies that a private rented flat within a tenement will not fail the Repairing Standard if work needed to comply cannot proceed due to a majority of tenement owners withholding consent.


Regarding lead in water, if lead is found in a tenement flat’s water supply and the source is confined to the individual property, addressing it would constitute an individual repair. However, if the lead source is traced to the building’s common areas, it is likely to be considered a common or mutual repair. In such cases, informing and obtaining consent from other owners in the building will be necessary for the work to proceed.


Practical steps to take


    

  1. Get to know your building and carry out checks of the common areas. Assess your current level of compliance and determine if work is required.
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  2. If your building has a factor who manages the common areas on behalf of owners, they should be advised of these updates so they can assist in organising work that may be required.
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  3. Get to know your co-owners and obtain up-to-date contact information, such as email addresses and telephone numbers, to ensure you can inform them of any necessary common repairs. It’s a good idea to agree on regular communication to discuss your building’s maintenance and reach decisions if work is required.
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  4. Obtain a copy of your property’s titles. These will be helpful to help understand your building’s rules, your responsibilities, what is common property, how decisions are to be made and, importantly, the share split of costs. If your titles are silent or unworkable, refer to the default rules in the Tenements (Scotland) Act 2004 for that particular issue.
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  5. Understand the proper procedures for carrying out common or mutual repairs. This includes informing owners, reaching decisions, paying the correct share for work carried out, and keeping a record of owners’ meetings and the steps taken to organise the repair.
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All tenement flat owners, including landlords, have maintenance obligations to keep the building in reasonable condition. Following proper procedures and keeping a record of this process when carrying out common or mutual repairs is vital, but even more so when ensuring compliance with the Repairing Standard. It allows you to demonstrate the reasonable steps taken to address necessary repairs, even if the work has not been completed, should a tenant file an application with the Housing and Property Chambers First Tier Tribunal for a breach of the Repairing Standard.


To learn more about organising common repairs and find other articles on tenement maintenance and repair management visit the Under One Roof website.


Photo attribution: © shisuka via Canva.com