Right of Entry - landlord applications for assistance in exercising the landlord's right of entry
The Housing (Scotland) Act 2006 (link is external) gives the landlord of a property to which the repairing standard applies specific rights to enter the rented property for the purpose of—
(a)viewing its state and condition for the purpose of determining whether the house meets the repairing standard, or
(b)carrying out any work necessary to comply with the duty in section 14(1)(b) or a repairing standard enforcement order.
The Private Rented Housing (Scotland) Act 2011 (link is external) amended the 2006 Act to give the landlord an avenue to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for assistance in exercising his right of entry if he is unable to gain access to the property. The Housing and Property Chamber can assist in arranging a suitable date for access and where required fix a date for access if a tenant and landlord cannot agree a date. The commencement date for acceptance of applications under this new jurisdiction was 1 December 2015.
The role of the Tribunal Member in relation to Right of Entry cases is to attend the house at the time agreed or fixed for the landlord to exercise the landlord's right of entry to ascertain whether access to the property is obtained. The Tribunal Member is not required to remain present for the duration of the contractors’ attendance or while contractors are carrying out the works.
Once access has been provided and the contractors are in the property, it is for the contractors to proceed with the inspections and repairs as agreed. The Tribunal member will leave at the point access is achieved. The Tribunal Member does not have any responsibility for communication between the tenant and the contractors while the contractors are carrying out their work within the property.
Please use the “In this section” menu to browse the FAQ, or download the application form and guidance.