Letting agents

Access for repairs in Scotland: notice, emergencies and refused entry

Plenty of repairs are held up not by the contractor but by the door. Nobody's in, the notice was too short, or the tenant says no. Here is what the law and the Scottish Government's guidance say about access for repairs, and how an agency keeps it moving.

The right to enter

Section 181(4) of the Housing (Scotland) Act 2006 gives a landlord, "or any person authorised by the landlord", the right to enter the house to view its state and condition and decide whether it meets the Repairing Standard, or to carry out the work needed to comply with the duty in section 14(1)(b) or a repairing standard enforcement order. Under section 181(5), an authorisation must state "the particular purpose or purposes" of the entry.

Source: legislation.gov.uk, Housing (Scotland) Act 2006 section 181.

How much notice

Three sources set the notice period:

• The Act. The right "may be exercised only at a reasonable time", and occupants "must be given at least 24 hours' notice" unless the situation is urgent, or giving notice would defeat the object of the entry (section 184(3) and (4)). Source: legislation.gov.uk, section 184.
• The private residential tenancy. The gov.scot notes on the statutory terms say: "The tenant should be given at least 48 hours' notice before this happens - unless it is an emergency." Source: gov.scot, PRT statutory terms notes.
• The Letting Agent Code of Practice. Para 82 says: "At least 24 hours' notice must be given, or 48 hours' notice where the tenancy is a private residential tenancy, unless the situation is urgent or you consider that giving such notice would defeat the object of the entry." (see also para 92, access for repairs) Source: gov.scot, Letting Agent Code of Practice, Management and maintenance.

So for a private residential tenancy, give at least 48 hours' notice unless it's an emergency.

Emergencies

The gov.scot notes describe emergencies as "repairs that are causing danger or, if left, are likely to cause damage to the property or property nearby if they are not repaired quickly". They give examples: "a dangerous electrical fault or a burst water pipe in the property which is flooding the property or any flat below it". In an emergency, less notice, or none, may be needed.

What "reasonable access" means

For non-emergency work, the gov.scot notes say reasonable access "would generally mean access during the working day (8 a.m. to 6 p.m.) Monday to Friday". Other times are possible if both landlord and tenant agree.

Keys and consent

The notes are clear: "unless it is for an emergency, the landlord is not allowed to use those keys to enter the property without the tenant's consent."

If the tenant refuses access

According to gov.scot, if the tenant doesn't consent, "the landlord can apply to the Tribunal for an order to take access". The Tribunal will try to agree a date with the tenant, and can fix one if the tenant won't agree (gov.scot). Once a decision has been made under section 28A(3) of the 2006 Act, "a member of the First-tier Tribunal, and any other person authorised by any such member", is entitled to enter the house "to assist the landlord's exercise of the landlord's right of entry" under section 181(4) (section 181(2A)).

Keep an access log

For each visit, record:

• the date notice was given, how, and the time window offered;
• whether it was an emergency, and why;
• the tenant's reply, and any agreed alternative time;
• the visit outcome: access given, no access, or work done;
• each new attempt, until the work is complete.

The log shows the repair was pursued within a reasonable time (see repair timescales) and covers the Code's access step (para 92, see the Code's repair paragraphs).

How Lorework helps

• Access arranged your way. Lorework drafts replies that follow your procedure, for staff to approve.
• Tenants kept in the loop. Once staff approve them, notices about access times go to tenants by SMS, in the agency's tone. Anything that needs a person comes back to the team.
• Nothing goes out unapproved. A member of staff approves every reply before it is sent.
• Your team works in chat. Staff check and approve each drafted reply in chat.

Related: Repair timescales · Code of Practice repairs · Repairing Standard checklist · Repair update templates · Lorework for letting agents in Scotland

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General information, not legal or qualified advice.