Stricter statutory standards for homes let as part of agricultural tenancies are now just months away.

The application of the Scottish Government’s “Repairing Standard” to houses let under farm, croft or smallholding tenancies from March 2027 will bring the sector in line with rules which already apply to other homes rented in Scotland.

Currently, any house let on a farm tenancy is exempt from the Repairing Standard, meaning it only needs to meet the more basic “tolerable” standard. An exception to that is where a farm tenant has sub-let a cottage. In that situation, the sub-let property should already be meeting the Repairing Standard.

With the clock towards change ticking, it’s important to consider what the increased standard will mean for both landlord and tenant.

This is a tricky issue due to the interplay of the statutory housing rules, the agricultural holdings rules on fixed equipment, and any lease paperwork (which may include a contractual post-lease agreement between landlord and tenant transferring some of the landlord’s obligations to the tenant).

These changes have been in the pipeline for a number of years, so landlords and tenants have had time to liaise over how the necessary improvement works will be undertaken. However, against the backdrop of competing demands on time and money, it can be easy to lose sight of the final deadline.

Full details of what is needed to comply with the Repairing Standard can be found on the Scottish Government website, but key obligations include the requirement for:

● Smoke, heat and carbon monoxide detectors

● Lead-free water pipes and storage tanks

● Circuit breakers

● A permanent - plumbed or hard-wired - heating system

● Satisfactory food storage and preparation areas

To protect against the risk of enforcement action, which could lead to a fine and other costs, priority should be given to checking compliance on farm properties to ensure that works to bring them up to standard can be completed on time.

If you would like to discuss your situation in relation to these changes, please contact us and we will be happy to assist.