Boilers and Heating in a Scottish Rented Home: The Repairing Standard, Fixed Heating and Tribunal Enforcement
In Scotland the Repairing Standard in section 13 of the Housing (Scotland) Act 2006 requires a private landlord to keep gas installations, a fixed heating system and hot water in reasonable repair and proper working order, with the First-tier Tribunal able to order repairs.
In this guide
A private landlord in Scotland must ensure that the gas installation, the fixed space heating system and the hot water installation in a rented house are in a reasonable state of repair and in proper working order under the Repairing Standard, and a tenant can apply to the First-tier Tribunal for Scotland, Housing and Property Chamber, if the landlord does not deal with a faulty boiler.
The Repairing Standard and heating
Section 13 of the Housing (Scotland) Act 2006 sets out the Repairing Standard. A house meets it only if, among other things, the installations for the supply of water, gas, electricity and other fuel, for sanitation, for space heating by a fixed heating system and for heating water are in a reasonable state of repair and in proper working order. Installations outside the house count too, where they serve it and the owner is responsible for maintaining them. Scottish Government statutory guidance explains how landlords should comply, and the guidance says the extended standard applied from 1 March 2024. England and Wales have different rules; our guide to boiler problems in a rented home covers the position for England.
What counts as a fixed heating system
The guidance defines a fixed heating system as a permanent installation that is plumbed or hard wired and capable of maintaining 21 degrees Celsius in at least one room and 18 degrees elsewhere when the outside temperature is minus 1 degree. It should be safe, in good condition and in reasonable working order. Relying on plug-in or portable heaters is not acceptable except temporarily while repairs are carried out, and such periods must be kept to a minimum. The standard will generally be satisfied by central heating from a gas or oil boiler, electric storage heaters, a range cooker or a communal system, provided it covers all rooms other than a kitchen, store or utility. The system must also comply with any energy efficiency or heat in buildings standard in force in Scotland.
Gas appliances and the landlord’s checks
The guidance notes that landlords are responsible for the internal pipes from the meter to appliances such as boilers, and for making sure all gas appliances are checked and serviced annually. A landlord must keep gas fittings and flues in a safe condition, arrange an annual safety check on each appliance and flue, keep the record for at least two years, and give a copy to existing tenants within 28 days of the check or to a new tenant before the tenancy starts. Landlords are not responsible for appliances or flues that belong solely to the tenant, but are for appliances serving the home from elsewhere, such as a central boiler. The engineer must be Gas Safe registered, and any defect must be rectified by a registered engineer before the equipment is used again. It is an offence to use a gas appliance identified as unsafe. The wider legal duties are set out in our guide to who counts as a landlord under the Gas Safety Regulations.
Hot water
The Repairing Standard also requires a hot water installation in reasonable repair and working order. The guidance says it must provide an adequate supply for normal washing and cleaning, comply with the duty to minimise legionella risk and with the safety standards for the fuel used, and drain properly. It adds that hot water delivered to a bath or bidet should not exceed 48 degrees Celsius, which a thermostatic mixing valve can achieve.
Carbon monoxide detectors
The guidance says private landlords must ensure carbon monoxide detectors are fitted in all rooms with a fixed combustion appliance, such as a boiler, fire, heater or stove designed to operate on oil, solid fuel or gas, or a flue. Appliances used only for cooking are excluded. It describes this as a requirement of the Tolerable Standard. Tenants must also be told what to do if there is a smell of gas: open doors and windows, shut off the gas at the meter control valve and, if gas continues to escape, call the National Gas Emergency Service on 0800 111 999.
If the landlord does not fix the problem
Enforcement lies with the First-tier Tribunal for Scotland (Housing and Property Chamber). A tenant who believes the Repairing Standard is not being met can apply to it for a determination, and a vulnerable tenant can ask the local authority, which has powers to apply on their behalf. Where appropriate the Tribunal issues a Repairing Standard Enforcement Order. Failing to carry out repairs required by such an order without reasonable excuse is a criminal offence. If the Tribunal finds the order has not been complied with it may also issue a Rent Relief Order restricting the rent payable until the order is met, and the guidance stresses a Rent Relief Order is not retrospective.
FAQs
Does a portable heater satisfy the Repairing Standard?
No. The guidance says relying on plug-in or portable heaters is not acceptable except temporarily while repairs are carried out.
Who is responsible for a boiler in a Scottish private let?
The landlord, where the boiler is provided under the tenancy or serves the house. The guidance says landlords are not responsible for appliances owned solely by the tenant.
Can I get rent reduced if the boiler is not fixed?
The Tribunal may issue a Rent Relief Order restricting rent if a landlord fails to comply with a Repairing Standard Enforcement Order, but it is not retrospective.
Does this apply in England?
No. The Repairing Standard is Scottish law. England and Wales have different rules on landlord repairs.
The bottom line
Scottish private tenants are protected by a Repairing Standard that expressly covers gas installations, a fixed heating system and hot water, with annual gas checks, carbon monoxide detection and Tribunal enforcement behind it. Portable heaters are not an acceptable long-term substitute for a working system, and a landlord who ignores an enforcement order commits an offence. This is general information, not legal advice on a specific tenancy.
Sources
This guide draws on the following primary sources, current as of 24 September 2026:
- legislation.gov.uk, “Housing (Scotland) Act 2006, section 13: The repairing standard”
- Scottish Government, “Repairing Standard: statutory guidance for private landlords, Annex D2: Installations for the supply of gas”
- Scottish Government, “Repairing Standard: statutory guidance for private landlords, Annex D6: Installations for space heating by a fixed heating system”
- Scottish Government, “Repairing Standard: statutory guidance for private landlords, Annex D7: Installations for heating water”
- Scottish Government, “Repairing Standard: statutory guidance for private landlords, 6. Repairing Standard – enforcement”
Related guides
Boiler problems in a rented home
Landlord Gas Safety Certificates (CP12)
Replacing a boiler in Scotland
Best Boiler Deals is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not regulated advice on any specific installation — always confirm the details with a Gas Safe registered engineer.
