Dealing with Mold and Damp as a Renter in Scotland

Mold and damp problems can harm both your health and your home—but as a renter in Scotland, you have clear rights and ways to get support. This guide explains landlord responsibilities, how to address the issue, official forms, and what to do if your landlord doesn’t act.

Understanding Mold and Damp in Scottish Rentals

Mold and damp are often caused by excess moisture. Common signs include black spots, musty smells, and peeling wallpaper. They can make existing health problems worse, especially for children, older adults, and those with breathing difficulties.

Your Landlord’s Legal Obligations

In Scotland, landlords must ensure your home meets the Repairing Standard. This means your property must be free from damp and mold, structurally sound, and fit to live in. These duties are legally set out in the Housing (Scotland) Act 2006, covering repairs to keep properties wind and watertight and in a reasonable state of repair¹.

• The property must not have significant damp or mold
• Ventilation and heating should be adequate
• All repairs should be carried out in a reasonable time after you report an issue

What to Do If You Find Mold or Damp

Here are step-by-step actions to take when you notice damp or mold in your home:

• Document the Issue: Take clear photos, keep notes about when you first noticed the problem, and record any impact on your health or belongings.
• Report to Your Landlord: Contact your landlord (or letting agent) in writing—email is best. Clearly describe the problem and request repairs as soon as possible.
• Keep a Record: Save copies of all correspondence and responses.
• If No Action is Taken: If your landlord does not respond or fix the issue in a reasonable time, you have options to escalate the matter.

Escalating a Damp or Mold Complaint in Scotland

If your landlord fails to address the problem, you can apply to the Housing and Property Chamber of the First-tier Tribunal for Scotland. This independent tribunal can enforce landlords' legal responsibilities.

• Application Form: Use the Repairing Standard Application Form (RS1).
• When to Use: If your landlord has not carried out necessary repairs or resolved damp/mold after you have reported it.
• Example: You've emailed your landlord twice about recurring mold in the bedroom, with no reply in 21 days. You can fill out the RS1 form, attach your evidence, and submit it online or by post to the tribunal. They'll then investigate and may order the landlord to fix the problem.

Relevant Scottish Tenancy Legislation

Mold and damp are covered by:

• Housing (Scotland) Act 2006 (Part 1: Repairing Standard)
• Private Housing (Tenancies) (Scotland) Act 2016 (if you have a Private Residential Tenancy)

These laws require your landlord to keep your home safe and habitable².

FAQ: Mold and Damp in Scottish Rental Properties

1. Can I withhold rent if my landlord ignores a mold problem?
   No. You must continue paying rent as normal. Instead, follow the complaint and tribunal process if the landlord fails to act.
2. How long does a landlord have to fix damp or mold?
   There is no fixed time, but landlords must make repairs in a ‘reasonable’ timeframe. For mold or significant damp, prompt action is expected.
3. If I’m unhappy with the tribunal’s decision, can I appeal?
   Yes. You may be able to appeal to the Upper Tribunal, but only on a point of law. More on this is available on the Housing and Property Chamber website.
4. Is condensation my responsibility or my landlord’s?
   Minor condensation may result from lifestyle (e.g., not ventilating rooms). However, if there is persistent damp due to building defects or poor ventilation, the landlord is generally responsible.
5. Does the council help with damp issues in private rentals?
   Your local council's environmental health team can offer advice and intervene if there is a significant health hazard.

Conclusion: Key Takeaways for Renters

• Your landlord must fix serious damp or mold problems.
• Document and report issues promptly to your landlord.
• If ignored, you can apply to the Housing and Property Chamber using the official RS1 form.

This process empowers Scottish renters to ensure their homes remain safe and healthy.

Need Help? Resources for Renters

• Housing and Property Chamber of the First-tier Tribunal for Scotland – for Repairing Standard applications and disputes
• Shelter Scotland: Mold & Damp Advice
• Scottish Government: Repairing Standard Guidance
• Contact your local council's environmental health department for urgent hazards

---

1. Housing (Scotland) Act 2006
2. Private Housing (Tenancies) (Scotland) Act 2016

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation