Repairing Standard: statutory guidance for private landlords

This guidance is for use in determining whether a house meets the standards of repair set out in the Repairing Standard (Housing (Scotland) Act 2006, Chapter 4). It applies from 1 March 2024 to all tenancies required to meet with the Repairing Standard.


5. Private landlords’ duty to ensure their actions are “reasonable” and “satisfactory” in the context of this guidance

5.1 The legislation uses the words “reasonable” and “satisfactory”. This section provides guidance on the meaning of those words.

5.2 The word reasonable is not defined in the legislation. Broadly, it reflects what a fair-minded third party would expect after taking all the circumstances into account. It is not enough for a landlord to think something is reasonable, the test is what an impartial spectator would think.

5.3 In the context of this guidance, actions will be considered reasonable if carried out using good judgement in line with requirements for each individual element. That good judgement should be based on what is best to ensure private tenants are provided with living accommodation which meets the minimal physical standards outlined in this guidance.

5.4 In the context of this guidance, actions will be considered to be satisfactory if the result of those actions is good enough to ensure private tenants are provided with living accommodation which complies with the requirements outlined in this guidance for each element of the Repairing Standard.

Contact

Email: ceu@gov.scot

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