Tolerable Standard in Scotland: What Landlords Need to Know

The tolerable standard is the lowest legal threshold for housing condition in Scotland. It's the line below which a property is officially unfit for human habitation — the condemning standard. For landlords, it matters because Section 13(1)(h) of the Housing (Scotland) Act 2006 pulls the tolerable standard directly into the repairing standard: any tolerable standard failure is automatically a repairing standard breach.

Where It Comes From

The tolerable standard is defined in Section 86 of the Housing (Scotland) Act 1987. It applies to all housing in Scotland regardless of tenure — owner-occupied, social rented, and private rented. But its practical impact is greatest on landlords because it's enforceable through both the local authority (Work Notices, Closing Orders) and the First-tier Tribunal (through the repairing standard route).

The Criteria

A property meets the tolerable standard if it:

• Is structurally stable
• Is substantially free from rising or penetrating damp
• Has satisfactory provision for natural and artificial lighting, ventilation, and heating
• Has an adequate piped supply of wholesome water within the house
• Has a sink with a satisfactory supply of both hot and cold water within the house
• Has a water closet (toilet) available for exclusive use of the occupants, suitably located within the house
• Has an effective system for the drainage of foul and surface water
• Has satisfactory cooking facilities within the house
• Has a fixed bath or shower and wash-hand basin, each with a satisfactory supply of hot and cold water
• Has satisfactory access to all external doors and outbuildings
• Has an electrical installation that is adequate and safe
• Has satisfactory provision for detecting carbon monoxide
• Has satisfactory thermal insulation (added 2003)
• Has interlinked fire and smoke detection (added February 2022)

The thermal insulation and fire and smoke detection provisions are two significant additions. The fire and smoke detection requirement, which came into force on 1 February 2022, means every home in Scotland — not just rentals — must have interlinked smoke alarms in the living room and every hallway and a heat alarm in every kitchen. Carbon monoxide detection is also required in each living accommodation room with a fixed combustion appliance other than one used solely for cooking, or where a flue passes through.

How It Differs from the Repairing Standard

The tolerable standard is the basic floor. The repairing standard is a higher bar that applies specifically to private lets. Think of it as two tiers:

Tolerable standard (1987 Act) — the minimum for any dwelling in Scotland. Below this, the property is legally condemned. Enforced by the local authority through Work Notices (Section 30 of the 2006 Act) and Closing Orders (Section 114).

Repairing standard (2006 Act) — the minimum for private lets, which includes the tolerable standard plus additional requirements: landlord-provided appliances and furnishings in working order, installations maintained in reasonable repair, common parts safely accessible, food storage provisions, fixed heating, RCD protection, and more.

A property can meet the tolerable standard but still fail the repairing standard — for example, if the fixed wiring is safe but the landlord-provided washing machine doesn't work, or if the consumer unit lacks 30mA RCD protection.

A property that fails the tolerable standard automatically fails the repairing standard as well.

Below Tolerable Standard: What Happens

Local authority enforcement — councils can issue a Work Notice requiring specific repairs within a set timeframe. If the work isn't done, the council can carry it out and recover costs. For the worst cases, a Section 114 Closing Order prohibits occupation until the property is brought up to standard.

Tribunal enforcement — a tenant in a private let can apply to the First-tier Tribunal using Form A, citing the tolerable standard failure as a repairing standard breach. The tribunal can issue a Repairing Standard Enforcement Order.

Both routes can run simultaneously — a council might issue a Work Notice while a tenant pursues a tribunal application.

The Practical Check

When you inspect a property before letting, run through the tolerable standard criteria as your baseline. The items most commonly found below standard in Scottish private lets are:

• Missing or non-interlinked alarms (the February 2022 addition catches the most landlords)
• Rising damp in ground-floor tenement flats
• Inadequate electrical installations in pre-war properties
• Missing or defective thermal insulation
• Plumbing systems without adequate hot water provision

If any of these apply, fix them before advertising the property. A tolerable standard failure isn't a minor compliance gap — it's a property that shouldn't be occupied.

For the full interlinked alarm positioning rules, the electrical inspection framework, and how the tolerable standard sits within the wider repairing standard compliance system, see the Scotland Repairing Standard guide.

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