Landlord Refusing Repairs? Your Rights as a Private Rented Tenant

Mar 25
6 min read

Updated: Mar 26

A leaking radiator and pipe in a private rented flat.

If your heating's broken, damp is spreading across the walls, or you've got a leak that's been ignored for weeks, you don't have to just live with it.

In a private rented home, your landlord is responsible for keeping the property safe and liveable. In legal terms it means the property has to meet the Repairing Standard and the Tolerable Standard.

That includes:

Heating and hot water

Leaks and water damage

Damp and mould

Unsafe electrics

Structural problems (walls, roof, windows)

Providing carbon monoxide and smoke detectors

Any furniture, fixtures and appliances provided by the landlord

👉 If any of these aren’t working properly, it’s something that should be fixed.

There are 7 steps every private tenant in South Lanarkshire should know.

From the first email to your landlord → to the Housing Tribunal, here is your roadmap to sorting out the disrepair in your property.

Steps 1-3 of dealing with repair issues in your private rented property. Step 1, report to your landlord. Step 2, give them time to respond. Step 3, make a complaint — Steps 1-3 of how to deal with repairs

Steps 4-7 of dealing with repair issues in your private rented property. Step 4, get support. Step 5, apply to tribunal. Step 6, going to tribunal, step 7, getting a decision — Steps 4-7 of how to deal with repairs

Step #1 - Tell your landlord and keep proof

Once you spot a repair issue in your property, report it to your landlord as soon as you notice. If you're not sure who your landlord is click here for steps on how to find out.

If your property is managed by a letting agent, then you need to report it to them.

The key to reporting a repair issue is to have a written trail, so it's best to email or write a letter. If you report verbally, follow it up in writing the same day.

Make sure you clearly explain the problem, include the date, and if you can,

include photos or short video clips.

You could use this letter template from Shelter Scotland to report the repair issue. Just click on the arrow.

Download the template above or you can just copy and paste the text below.

Subject: Repairs needed at <your address>

To <your landlord’s name>

I'm writing to let you know that repairs are needed at <your address>.

<Describe the repair problems in your home>

I'm concerned because <example: it's causing damage to my home / affecting my or my family’s health / making my home unsafe>.

I think it would be reasonable for these repairs to be done within <number of days>.

Please contact me to confirm how long you expect repairs to take and who will do the repair work.

Thank you,

<your name>

<your phone number>

<date>

👉 Important:

Always keep a copy of everything you send and receive, as this protects you later.
Your landlord's duty to repair is generally only triggered once they know about the problem and if you don't report it, you could actually be held responsible for any ongoing damage as a result.

Step #2 - Give them time

Landlords should act on the repair issue within a reasonable time. There's no exact guidance in the law on what a reasonable amount of time is. So have a think about the urgency of the repair and how it affects you.

If there's no heating/hot water/structural danger → urgent repair

So 24–48 hours is a reasonable time frame for your landlord to act.

If there's damp or leaks → still serious, shouldn’t drag on

Give your landlord a few days to arrange a visit, and make sure they give you information on when they'll sort the issue. Several weeks of delay is not acceptable.

Tip: If you can't reach your landlord, you may be entitled to arrange emergency repairs yourself and recover the cost, but if you're on a low income that's not an option and even if you're not and want to go ahead, take advice first.

👉 Important:

Your landlord should let you know when the repairs will be fixed and who by.
They might need to visit the property to take a look at issue or send someone else to do this. If so, you'll need to allow them access.
If they ignore you or delay getting in contact with you about the repair, that’s when you move to the next step.
If you want support just get in touch with us or Shelter Scotland.

Step #3 - Still not fixed?

Make a complaint to your landlord or letting agent. Again, you'll need to do this in writing, so by email or letter. Add any evidence you have, such as copies of previous letters you've sent or photos of the repair problems.

You could use this letter template from Shelter Scotland to make the complaint. Just click on the arrow.

You can download the template above or copy and paste the text below.

Subject: Repairs not done at <your address>

To <your landlord's name>

I contacted you on <date> to ask for repair work at <your address>.

The repairs needed are <describe the repairs>. These repairs have still not been done.

I have checked my rights on the Shelter Scotland website. You have a duty to make sure my home meets the repairing standard in section 13 of the Housing (Scotland) Act 2006. Currently my home does not meet this standard, and you must do the repairs within a reasonable time.

I believe it's reasonable for the repair work to be done within <number of days> because of the effect it's having on me.

<Give details, for example: it's causing damage to my home / affecting my health / making my home unsafe>

Please contact me within 2 working days to confirm when the repairs will be done.

If you do not arrange for the repairs to be done, I will apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an enforcement order.

Thank you,

<your name>

<your phone number>

<date>

Step #4 - Get support

If the complaint doesn't work, you could apply to tribunal (see step 5). Or if the repair issues are affecting your health or safety, you could contact South Lanarkshire council's environmental services. They can inspect your home and order your landlord to fix the issue.

It's definitely worth seeking advice at this point.

Step #5 - Apply to tribunal

You can apply to the First-tier Tribunal (Housing and Property Chamber).

If the tribunal finds that your property is not safe and liveable, (so it doesn't meet the Repairing Standard that we mentioned at the start of this guide), they can order your landlord to do the repairs. You can also ask for compensation.

It’s free to apply to the tribunal, and you do not need a solicitor. But you could be on the back foot if you go it alone, so do seek advice from us or Shelter Scotland.

You'll need to fill in an application form and send it with evidence of the problem. You can get the form here. If you're applying for compensation too you'll need it fill in a different form (form F).

You can send your form, copy of your tenancy agreement and evidence by:

Email: HPCAdmin@scotcourtstribunals.gov.uk, or

Post: Glasgow Tribunals Centre, 20 York Street, Glasgow, G2 8GT

👉 Important:

This whole process can take several months.
Keep reporting the repairs to your landlord while you apply.
If you feel that the repairs are urgent or minor, you could look at arranging the repairs yourself and asking your landlord to pay you back, or you could withhold rent until they fix the issue. These are risky options though as the landlord could try and evict you for damage to the property or for rent arrears. Always seek advice on this.

Step #6 - Going to tribunal

Once the tribunal service gets your application, the tribunal will write to you and your landlord to tell you the next steps. They’ll usually set a date to inspect your property and you'll also need to attend a hearing, in person, virtually or by phone.

👉 Important:

If during this process your landlord fixes the problem, you can just withdraw your application. This can often happen at this stage.

Step #7 - Getting a decision

A decision will be made by the tribunal within 21 days of the hearing. If it's in your favour, the decision will state what your landlord needs to do, the deadline and if compensation is to be awarded. Sometimes you might get a decision the same day. The decision will be given in writing.

If it doesn't go in your favour, you can ask for a review- where the tribunal looks at the decision again. In some circumstances you can ask for an appeal.