Part 1Housing standards

Chapter 4The repairing standard

Landlord's duty to repair and maintain

12Tenancies to which repairing standard duty applies

(1)

This Chapter applies to any tenancy of a house let for human habitation unless it is—

(a)

a Scottish secure tenancy or a short Scottish secure tenancy,

(b)

a tenancy of a house retained or purchased by a local authority under section 121 of the 1987 Act for use as housing accommodation,

(c)

a tenancy of a house which is—

(i)

on land comprised in a lease constituting—

(A)

a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)),

(B)

a short limited duration tenancy (within the meaning of that Act), F1...

(C)

a limited duration tenancy (within the meaning of that Act), and

F2(D)

a modern limited duration tenancy (within the meaning of that Act), or

(E)

a repairing tenancy (within the meaning of that Act),

(ii)

occupied by the tenant of the relevant lease,

(d)

a tenancy of a house on a croft (within the meaning of the Crofters (Scotland) Act 1993 (c. 44)), or

(e)

a tenancy of a house on a holding situated outwith the crofting counties (within the meaning of that Act of 1993) to which any provision of the Small Landholders (Scotland) Acts 1886 to 1931 applies.

F3(f)

a tenancy of a house which does not exceed 31 days where the purpose of the tenancy is to confer on the tenant the right to occupy the house for a holiday.

(2)

A reference in this Chapter to a tenancy refers only to a tenancy to which this Chapter applies.