Mold and Damp: Your Rights and Solutions in Scottish Rentals

Mold and damp are common yet serious issues faced by many renters across Scotland. As a tenant, you have the right to live in a home that meets certain standards of repair and safety. This article explains everything you need to know about dealing with mold and damp in Scottish rentals, including your legal rights, practical steps, and where to get help.

Understanding Mold and Damp in Rental Homes

Mold and damp are more than just an annoyance—they can harm your belongings and pose health risks, especially for children, the elderly, or those with respiratory problems. In Scotland, landlords are legally responsible for keeping the property safe, habitable, and free from serious hazards like persistent damp and mold.

• Damp: Excess moisture in walls, floors, or ceilings caused by leaks, poor ventilation, rising moisture from the ground, or condensation.
• Mold: Fungi that thrive in damp environments, often appearing as black, green, or white patches on walls, ceilings, or furniture.

Who Is Responsible for Repairs?

Under the Private Housing (Tenancies) (Scotland) Act 2016 and the Housing (Scotland) Act 2006, landlords must ensure the property meets the Repairing Standard in Scotland. This means:

• Keeping the property wind and watertight
• Fixing problems with the structure, exterior, and essential installations
• Ensuring the property is free from damp that affects the tenant’s use of the property

However, tenants are expected to use the home in a "tenant-like manner"—ventilating where possible and reporting any issues promptly.

What to Do If You Spot Damp or Mold

If you notice signs of mold or damp in your home, it’s important to act quickly. Here’s a step-by-step guide for Scottish renters:

1. Identify and Document the Problem

• Take clear photographs of affected areas
• Note the dates you observed the issue and the location
• Identify any possible causes, such as leaks or poor ventilation

2. Notify Your Landlord in Writing

• Contact your landlord or letting agent as soon as possible
• Describe the problem, provide evidence (like photos), and ask for repairs
• Keep copies of all communications for your records

3. Allow Reasonable Time for Repairs

• Landlords are expected to address repairs quickly, but what counts as "reasonable" depends on the seriousness—usually within a few days for severe problems and up to a month for less urgent issues

If the landlord does not respond or fails to fix the issue in a reasonable timeframe, you can take further steps.

Using Official Processes: Forms and Tribunals

The First-tier Tribunal for Scotland (Housing and Property Chamber) deals with landlord and tenant disputes.
If you have notified your landlord and repairs haven’t been made within a reasonable period, you can apply to the Tribunal.

Form: Repair Application (Private Rented Sector)

• Name: "Application under Section 22 of the Housing (Scotland) Act 2006, Private Rented Housing Repairing Standard – Form AT6-RS"
• When to use: If your landlord hasn't carried out necessary repairs after being notified in writing, and after a "reasonable time" (e.g., 21 working days).
• How to use: Complete the official Repair Application form. Include evidence like correspondence and photographs. Submit to the Tribunal by email or post.

The Tribunal can inspect your property, require repairs, and stop landlords from letting properties that don’t meet the Repairing Standard.

Key Legal Protections for Renters

• Landlords must keep your home free from significant damp or mold under the Housing (Scotland) Act 2006.
• Renters are protected from unlawful eviction if they report problems or challenge their landlord about repairs.
• Unsafe conditions—such as severe mold—can be reported to your local authority under the Housing (Scotland) Act 1987 obligations.

For more on Repairing Standards, see Scottish Government guidance for tenants and landlords.

FAQ: Mold and Damp in Scottish Rentals

1. What should I do if my landlord ignores my request to fix damp or mold?
   If your landlord fails to act within a reasonable time after written notice, you can apply directly to the First-tier Tribunal for Scotland (Housing and Property Chamber) using the official repair application form.
2. Can my landlord evict me for asking for repairs?
   No. It is illegal for your landlord to evict you, or threaten eviction, simply because you have reported problems with repairs or raised concerns about mold or damp.
3. Is my health at risk from mold?
   Prolonged exposure to mold may cause health problems, especially for vulnerable groups. If you experience symptoms, consult your GP and alert your council's environmental health department if repairs are delayed.
4. Who pays for repairs related to mold and damp?
   Landlords are usually responsible for repairs that relate to the property’s structure, leaks, or poor ventilation causing damp or mold.
5. What is the Repairing Standard?
   The Repairing Standard is a legal requirement for private rented property conditions set out in the Scottish Government’s official guidance. Landlords must keep homes free from hazards, including damp and mold.

Key Takeaways

• Mold and damp are serious repair issues covered by Scottish law.
• If your landlord fails to fix these problems, you can apply to the Housing and Property Chamber for action.
• Document everything and use official forms and government resources for the best results.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Handle disputes and Repairing Standard applications.
• Scottish Government: Repairing Standard Guidance
• Scottish Government: Tenant Rights
• Shelter Scotland – Advice line and guidance for private renters
• Local Council Environmental Health Team – Find yours via your council’s official website

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[1] Private Housing (Tenancies) (Scotland) Act 2016

[2] Housing (Scotland) Act 2006

[3] Repairing Standard Guidance for Landlords and Tenants

[4] First-tier Tribunal for Scotland (Housing and Property Chamber)

[5] Repair Application Form (Form AT6-RS)

[6] Housing (Scotland) Act 1987

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