Energy efficiency and condition standards in private rented housing: consultation analysis

Extending the repairing standard

Question 2.23 - Do you think that agricultural tenancies, rented crofts and small landholdings should be subject to the repairing standard?

Table 39: Question 2.23 – Responses by type of respondent

Views were mixed at this question although the largest proportion of respondents, 45% of those answering the question, thought that agricultural tenancies, rented crofts and small landholdings should not be subject to the repairing standard. Of the remaining respondents, 40% thought they should and 16% did not know. Local authority, professional body and third sector respondents were the only groups in which the majority agreed.

Although there was no specific opportunity to comment, a small number of substantive comments were made at other questions. There were two very distinctive positions, very much in line with comments made at Question 1.1.

Those who had agreed suggested there is no justification for a double standard to apply, particularly if a lower standard applies to those properties that are most expensive to heat. A specific suggestion was that agricultural tenants should be made eligible to receive funding support from Home Energy Scotland.

Respondents who did not think agricultural tenancies, rented crofts and small landholdings should be subject to the repairing standard suggested that there are significant difficulties, both from a financial and legal perspective, in applying the Repairing Standard to these properties. These need to be considered carefully. In particular, it was suggested that residential properties which form part of the fixed equipment of an agricultural holding, a croft or a small land holding are covered by separate legislation and to require landlords and tenants to refer to two sets of legislation would be complex and unworkable.

Question 2.24 - Do you think that we need to clarify whether holiday lets (or certain types of holiday lets) should be subject to the repairing standard?

Table 40: Question 2.24 – Responses by type of respondent

A majority of respondents, 64% of those answering the question, thought that the Scottish Government needs to clarify whether holiday lets (or certain types of holiday lets) should be subject to the repairing standard. Organisational respondents were more likely to agree than individual respondents (77% and 53% respectively).

Although there was no specific opportunity to comment, a small number of comments were made at other questions. These included that the current definition of houses to which the repairing standard applies is sufficiently wide to include holiday lets but that, in any case, it should not apply to them.

An alternative perspective was that the repairing standard should apply to all holiday lets and that this would mean there is no incentive to change rental properties to holiday lets.