What your landlord must do
Landlords in the private rented sector must keep properties in habitable condition and repair anything that affects the propertys performance, including issues causing mould and damp. The Private Housing (Tenancies) (Scotland) Act 2016 sets core duties for private residential tenancies and sits alongside repairing standards and other housing law[1]. Typical landlord responsibilities include ensuring heating and ventilation work, fixing leaks, repairing structural defects, and addressing rising damp so the home meets the Repairing Standard.
Common causes of mould and damp
- Poor heating or inadequate ventilation causing condensation.
- Leaks from plumbing, roof or windows allowing water penetration.
- Rising damp due to structural defects or a missing damp-proof course.
What you should do first
Start by telling your landlord in writing about the problem, including clear photos, dates, and a description of health effects or damage. Ask for a timescale for repair and keep a copy of all messages and receipts. If the landlord has a formal repairs form or tenant portal, use it and keep a screenshot or confirmation.
Practical steps to document the problem
- Serve a written notice or request to your landlord listing problems, dates, and photos.
- Keep a dated photo and log of mould reoccurrence and any health symptoms.
- Allow reasonable access for inspection and repairs, and record appointments.
When to escalate: official applications and forms
If your landlord does not act within a reasonable time, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a repairing standard enforcement order. The tribunal website lists the application form and guidance you need to complete and submit, plus supporting documents to include with an application[2]. You can also check Scottish Government guidance on private rented housing and the Repairing Standard for tenant and landlord duties and examples of acceptable timescales[3].
FAQ
- Who is responsible for treating mould in a rented home?
- Generally the landlord is responsible for treating mould caused by structural defects, leaks, or inadequate insulation; tenants should report problems promptly.
- How long should I wait for repairs?
- There is no fixed single period, but tenants should give a reasonable time depending on severity (for example 7 614 days for urgent leaks), then escalate if no action.
- Can I withhold rent to force repairs?
- Withholding rent is risky and may breach your tenancy; seek advice and use official routes such as the tribunal rather than stopping payments.
How-To
- Write a clear written request to your landlord with photos, dates, and a requested timescale.
- Keep a dated record of communications, photos, appointments, and any health impacts.
- Allow access for inspections and repairs and get a written confirmation of completion.
- If repairs are not done, apply to the First-tier Tribunal (Housing and Property Chamber) with your evidence and the tribunal application form.
Key Takeaways
- Landlords must keep rented homes free from hazards that cause mould and damp.
- Always report problems in writing and keep copies of all evidence and communications.
- If informal steps fail, the First-tier Tribunal can order repairs.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
- Scottish Government: Repairing Standard and private rented housing guidance
