FAQs for Landlords

If you still have questions after reading these FAQs, please contact us.

• I would have been happy to go to mediation. Why have I not been given that option?
• My tenant caused the problem she is now complaining about. Do I have to repair something she broke?
• I would be happy to carry out the repair but I cannot get access over a neighbour's property. Will the Committee still make an order against me?
• What happens then?
• I have not yet installed a smoke alarm in the property I rent out. Can I still install a battery operated alarm after 3 September?
• My prospective tenant wants to rent my dilapidated rural cottage for a nominal rent and do the repairs himself. Can we agree to contract out of the repairing standard provisions?

I would have been happy to go to mediation. Why have I not been given that option?

Both parties have to agree to mediation. If you have not been offered the option of mediation then the probability is that your tenant was not willing to try mediation.

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My tenant caused the problem she is now complaining about. Do I have to repair something she broke?

No, damage by the tenant falls within the exceptions to the landlord's repairing duty.

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I would be happy to carry out the repair but I cannot get access over a neighbour's property. Will the Committee still make an order against me?

If the Committee accept that you have taken reasonable steps to acquire the necessary rights and have not been able to do so, then they will serve a notice on the local authority stating that they consider you to be unable to comply with the duty.

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What happens then?

The local authority can use its powers to carry out the necessary work to bring the house up to the repairing standard and can recover the costs it incurs from the owner of the house concerned.

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I have not yet installed a smoke alarm in the property I rent out. Can I still install a battery operated alarm after 3 September?

No, after 3 September 2007 any smoke alarm fitted must be mains powered, even if it is replacing a battery powered alarm. Existing smoke alarms installed before 3 September can continue to be used provided they are in good working order. A guidance leaflet is supplied with the advice pack which can be downloaded from this website.

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My prospective tenant wants to rent my dilapidated rural cottage for a nominal rent and do the repairs himself. Can we agree to contract out of the repairing standard provisions?

Yes, but only if you both agree to do so and obtain the consent of the sheriff who must consider the arrangement to be reasonable.

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