Private residential tenancy model agreement: easy read notes

Information about the statutory and discretionary clauses in the model private residential tenancy agreement.


28. Alterations

The tenant needs to get the landlord's written consent, in advance, before the tenant does any of the following:

  • makes any alterations to the property;
  • makes any changes to the fixtures and fittings in the property - for example to the kitchen cupboards or bathroom fittings; or
  • does any internal or external decorating or redecorating - including changing the colour of any of the walls or ceilings, doors or window frames in the property.

It's entirely up to the landlord whether or not the landlord agrees to any of these things being done.

The landlord cannot unreasonably refuse any request by the tenant for adaptions, auxiliary aids or services under section 52 of the Housing (Scotland) Act 2006 or section 37 of the Equality Act 2010. Any such request by the tenant must be made in writing to the landlord. Or, if the work would include or relate to any common parts of the building (for example a common entrance or common stair), the request must be made in writing to the persons who own those common parts. The owners of common parts would usually be all owners of any properties within a building.

For these types of alterations, the landlord or other person owning common parts, is not entitled unreasonably to refuse to agree to the adaptations being done, auxiliary aids being installed or services being provided. If consent is refused, the tenant can appeal to the Tribunal (if the application is made under the Housing (Scotland) Act 2006) or to the Sheriff Court (if the application is made under the Equality Act 2010) within 6 months after the refusal.

The tenant might find it helpful first to discuss the tenant's needs with the Citizens Advice Bureau, Shelter Scotland or the local council. Any of these three groups might agree to talk to the landlord to remind the landlord that the landlord must not unreasonably refuse consent.

Contact

Email: housing.legislation@gov.scot

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