Moving into a rented property and finding damp is stressful, but there are clear steps tenants in Scotland can follow to protect their health and tenancy. This guide explains what to document, how to tell your landlord or letting agent in writing, what repairs they are legally required to do, and when to apply to the housing tribunal. It uses plain language for renters and covers evidence gathering, short-term fixes to reduce risk, official forms and deadlines, and where to get formal help if repairs are not made. If you have health concerns from mould or damp, prioritise safety and keep all records of communications and expenses for any dispute or tribunal application.
First steps when you find damp
As soon as you notice damp or mould: act to protect health and create a clear record. Start by checking whether condensation, a leak, or structural damp is likely. If you are in immediate danger from mould or severe damp, prioritise safety and seek medical advice.
- Take dated photos and short videos showing the damp, affected areas, and any belongings damaged.
- Tell your landlord or letting agent in writing (email or signed letter) describing the problem and the date you moved in.
- Reduce immediate risks where safe to do so — ventilate rooms, use dehumidifiers or fans, and move belongings away from affected walls.
- Keep copies of medical notes, repair bills, receipts for replacement items, and any rent or deposit records.
Legal duties and relevant law
In Scotland landlords must ensure properties meet basic standards of repair and habitability under the Private Housing (Tenancies) (Scotland) Act 2016[1]. If damp is caused by disrepair or structural defects, the landlord is normally responsible for arranging and paying for repairs. If it is caused by tenant behaviour (for example, persistent lack of ventilation) landlords should still respond with reasonable steps and advice.
Official forms and when to use them
If a landlord does not arrange repairs after you report the problem, there are official routes you can use.
- Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) — application for a Repairing Standard Enforcement Order. Use this when the landlord has failed to carry out repairs covered by the repairing standard; for example, you reported rising damp at move-in, the landlord promised repairs but has not acted after a reasonable time.
- Scottish Government guidance on housing repairs and tenant rights. Use this for clear information on landlord responsibilities and local council enforcement options, and as the basis for a written complaint to your landlord or local authority.
- Private Housing (Tenancies) (Scotland) Act 2016. Refer to this Act when checking statutory duties that back tribunal applications.
If you plan to apply to the tribunal, gather your evidence, copies of all written requests to the landlord, and any receipts for essential expenses. The tribunal can issue a Repairing Standard Enforcement Order requiring the landlord to carry out repairs and set reasonable deadlines.
FAQ
- Can my landlord refuse to fix damp found when I move in?
- Landlords cannot unreasonably refuse to fix damp that results from disrepair or a structural issue; raise the problem in writing and use official routes such as the Housing and Property Chamber if needed.
- How long should repairs take?
- Reasonable timescales depend on the problem: urgent hazards should be addressed quickly, while structural damp may take longer; set a clear deadline in writing and escalate if the landlord does not act.
- Can I withhold rent while waiting for repairs?
- Withholding rent is risky and can lead to eviction proceedings; seek advice before withholding. Instead, document the issue and consider tribunal or council enforcement routes.
How-To
- Document the problem thoroughly with photos, dates, notes and witness names where possible.
- Notify the landlord or letting agent in writing, describe the damp, say when you discovered it, and request repairs with a reasonable deadline.
- Set clear deadlines and follow up in writing if the landlord does not respond within a reasonable time.
- If repairs are not made, apply to the First-tier Tribunal (Housing and Property Chamber) for a Repairing Standard Enforcement Order and attach your evidence.
Help and Support / Resources
- Housing and Property Chamber (First-tier Tribunal for Scotland)
- Scottish Government housing information
- Private Housing (Tenancies) (Scotland) Act 2016 (legislation.gov.uk)
