4. Private landlords' duty to have regard to guidance
4.1 Section 13(7) of the Housing (Scotland) Act 2006 places a duty on private landlords to have regard to any guidance issued by the Scottish Ministers in relation to the individual elements which make up the Repairing Standard. The aim of such guidance is to help private landlords determine whether a house meets the standard of repair required.
4.2 This document and its annexes form the guidance to which landlords must have regard. The annexes set out clearly what is expected in relation to each part of the Repairing Standard.
4.3 To "have regard to" means that landlords should comply with what is set out in the guidance as the minimum necessary to demonstrate compliance with the Repairing Standard. If there is a situation where a landlord is unable to comply with the guidance, they must be able to offer a satisfactory explanation why this is the case.
4.4 If there is a dispute about whether a house meets the Repairing Standard, the First-tier Tribunal can use this guidance to assess whether a landlord has met their statutory duty.
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