What lead paint is and why it matters
Lead paint contains lead compounds that can become dangerous as paint deteriorates, flakes or is disturbed during renovation. Tenants and renters, especially households with young children or pregnant people, can face serious health risks from dust or chips that contain lead. If you suspect lead paint in your rented home, document signs, avoid sanding or rubbing the surface and get medical or public-health advice if exposure is likely.[3]
Common signs of lead paint hazards
- Peeling, flaking or blistering paint on walls, window sills or skirting boards.
- Visible paint chips on floors or window ledges where children can reach.
- Dust that reappears after cleaning, especially after building work.
Landlord duties in Scotland
Landlords must ensure the property meets legal standards for safety and habitability under Scottish private tenancy law. If lead paint creates a health risk, the landlord is responsible for arranging safe repair, secure containment, or lawful remediation to prevent exposure. Tenants should notify landlords in writing, keep copies of messages and photos, and set a reasonable deadline for action.
The Private Housing (Tenancies) (Scotland) Act 2016 sets the framework for private residential tenancies and landlord duties, and tenants can use the First-tier Tribunal to enforce standards where landlords fail to act.[1]
Practical landlord obligations
- Arrange safe repairs or remediation for flaking or damaged paint that creates dust or chips.
- Provide written information about any planned works that could disturb paint (timing and safety measures).
- Ensure remediation follows health and safety guidance to protect occupants during works.
Safe actions tenants can take
Acting promptly and calmly reduces risk and preserves your rights. First, document the condition with photos and dates and tell your landlord in writing. Avoid disturbing suspect surfaces and keep children and pets away from affected areas. If the landlord does not act within a reasonable time, you can escalate to your local authority environmental health team or to the First-tier Tribunal for Scotland (Housing and Property Chamber).[2]
What to include when you notify the landlord
- A clear description of where the paint is flaking or damaged, with photos.
- The date you first noticed the problem and a request for remedial action by a specific reasonable date.
- Contact details and whether anyone in the household is at higher risk (children, pregnancy).
FAQ
- Who is responsible for removing or making safe lead paint in a rented home?
- The landlord is responsible for making the property safe and arranging any necessary remediation; tenants should notify the landlord in writing and keep records.
- Can I withhold rent if my landlord does not fix lead paint problems?
- Withholding rent is risky and not usually recommended; seek advice and consider applying to the First-tier Tribunal or contacting your local authority instead.
- How do I apply to the tribunal if my landlord won’t act?
- You can apply to the First-tier Tribunal (Housing and Property Chamber) for enforcement if the landlord fails to carry out necessary repairs or remediation.
How-To
- Document the hazard: take dated photos, note locations and keep a short log of events and communications.
- Tell your landlord in writing with your evidence and request safe remediation by a reasonable deadline.
- Contact your local authority environmental health if the landlord does not respond or the hazard is urgent.
- If the landlord still fails to act, apply to the First-tier Tribunal (Housing and Property Chamber) for enforcement or remedies.
Help and Support / Resources
- Housing and Property Chamber, First-tier Tribunal for Scotland
- Private Housing (Tenancies) (Scotland) Act 2016
- NHS Inform: Lead poisoning and exposure
