Explanatory note

These Regulations amend the Housing (Scotland) Act 2006 (“the 2006 Act”) and the Scottish Secure Tenants (Right to Repair) Regulations 2002 (“the 2002 Regulations”) to introduce time-limits for the investigation and commencement of repairs to damp or mould in private residential tenancies, Scottish secure tenancies and short Scottish secure tenancies.

Regulation 3(2) amends section 13(1) of the 2006 Act to add “the house is substantially free from damp and mould” to the repairing standard. It also amends section 13 to introduce a modified guidance-making power for the Scottish Ministers.

Regulation 3(3) amends section 14 of the 2006 Act to set out a private landlord’s duties to investigate and commence repairs in relation to damp or mould. They must complete an investigation of the damp or mould within ten working days, provide a written summary of the investigation to the tenant within three working days, and secure that any required relevant safety work is commenced within five working days. Regulation 3(3) also provides for circumstances where the landlord cannot comply with these duties for reasons beyond their control - the landlord must inform the tenant in writing that they cannot comply with the relevant duty, the reasons why the landlord cannot comply, and the reasonable timescale within which the landlord is able to comply with the duty. They must also ensure that, until the landlord is able to comply with the duty, reasonable steps are taken where practicable to minimise the extent to which the house is affected by damp or mould.

Regulation 3(4) amends section 24 of the 2006 Act to require the First-tier Tribunal to consider whether the landlord has complied with the new duties under section 14 when considering whether a landlord has complied with the repairing standard.

Regulation 4(4) adds a new regulation 8A to the 2002 Regulations to set out a social landlord’s duties to investigate and commence qualifying repairs in relation to damp or mould. They must complete an investigation of the damp or mould within ten working days, provide a written summary of the investigation to the tenant within three working days, and secure that any required qualifying repair is commenced within five working days.

New regulation 8A(6) provides that the landlord must ensure that following a qualifying repair, the house is substantially free from damp and mould, and so far as reasonably practicable, the house will continue to be substantially free from damp and mould.

New regulation 8A(7), (8), and (9) make provision for when a social landlord cannot comply with these duties for reasons beyond their control - the landlord must inform the tenant in writing that the landlord cannot comply with the relevant duty, the reason why the landlord cannot comply, and the reasonable timescale within which the landlord is able to comply with the duty. They must also ensure that, until the landlord is able to comply with the duty, reasonable steps are taken where practicable to minimise the extent to which the house is affected by damp or mould

Regulation 4(5) and (6) make consequential changes to regulations 9 and 10 of the 2002 Regulations. Regulation 4(7) amends regulation 12 of the 2002 Regulations to include provision for compensation to be payable to the tenant where the timescales in the new regulation 8A have not been complied with. Regulation 4(8) adds substantial damp or mould as a qualifying repair in the schedule of the 2002 Regulations and sets the maximum period for completion of repairs in relation to substantial damp or mould at twenty days.