Landlord Roof Repair Obligations in Scotland

A grand New Town Edinburgh townhouse with a slate dormer roof and ornate iron balconies, typical of the city's private rental stock — Many of Edinburgh's private rental flats sit in traditional buildings like this, where roof condition falls squarely within the Repairing Standard.

What can a tenant do if a landlord won’t fix a leaking roof?

In Scotland, a tenant whose landlord fails to carry out necessary roof repairs can apply to the First-tier Tribunal for Scotland, Housing and Property Chamber, asking it to rule on whether the property meets the Repairing Standard. If the Tribunal finds the landlord in breach, it can issue a Repairing Standard Enforcement Order (RSEO) legally requiring the repairs to be carried out within a set timeframe, and if the landlord still does not comply, the Tribunal can order a reduction in the rent payable.

This guide sets out the legal mechanism in plain terms, with links to the underlying legislation and official guidance, and a real published Tribunal decision showing how it has been applied to a roof and ceiling water ingress case.

The Repairing Standard and the Tribunal

Private landlords in Scotland must meet the Repairing Standard, a set of statutory conditions a rented property must satisfy, which includes the structure and exterior, including the roof, being in a reasonable state of repair. Where a landlord is not meeting that standard, a tenant can apply to the First-tier Tribunal for Scotland, Housing and Property Chamber, which has the power to inspect the property and rule on whether the standard is being met.

Repairing Standard Enforcement Order (RSEO)

Where the Tribunal finds a landlord in breach of the Repairing Standard regarding a roof, it can issue a Repairing Standard Enforcement Order. An RSEO legally obliges the landlord to hire a qualified contractor, fix the roof or guttering fault identified, and make good any resulting internal damage, such as ceiling or water damage, within a timeframe set by the Tribunal.

Rent Relief Order if the landlord still does not comply

If a landlord fails to comply with an RSEO, the Tribunal can make a Rent Relief Order (also called a Rent Reduction Order), reducing the rent payable under the tenancy. Under section 27 of the Housing (Scotland) Act 2006, that reduction cannot exceed 90% of the rent that would otherwise be payable. The Act does not set a statutory minimum reduction, the amount is decided by the Tribunal based on the circumstances of the case.

A real case: FTS/HPC/RT/24/0177

In a published decision, case reference FTS/HPC/RT/24/0177, the Tribunal dealt with a property that had a hole in the ceiling and roof, with water ingress whenever it rained. The Tribunal issued an RSEO dated 2 May 2024 requiring the landlord to investigate and remedy the source of water ingress from the common roof, and to redecorate, within six weeks. A re-inspection on 19 September 2024 found the property’s condition unchanged. As a result, the Tribunal issued a 50% Rent Relief Order, and a notice of the landlord’s failure to comply was served on the local authority. The full decision is publicly available from the Housing and Property Chamber.

Failure to comply is a criminal offence

Failing to carry out repairs required by an RSEO without reasonable excuse is a criminal offence in Scotland, as set out in gov.scot’s statutory guidance for private landlords. As with other criminal offences in Scotland, prosecution is a matter for the Crown Office and Procurator Fiscal Service, rather than for the Tribunal or the tenant directly.

Council emergency powers for dangerous roofs

Separately from the Tribunal process, if a roof, chimney stack, or parapet deteriorates to the point of threatening public safety, for example loose slates hanging over a pedestrian pavement, City of Edinburgh Council’s Building Standards officers have powers under section 29 of the Building (Scotland) Act 2003 to inspect the property and instruct immediate emergency repairs, such as scaffolding, netting, or stripping loose slates. Under the general principle of joint and several liability for common repairs described in the council’s own shared repairs guidance, the council can bill the registered owners of the building block for the cost of emergency work along with its administrative overheads.

Landlord dealing with a small slate repair?

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Landlord Roof Repair Obligations