Help from the council's environmental health department

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

If the state of your home is affecting your health, the environmental health department of your local council may be able to help you take action. This page explains the kind of problems the environmental health department can deal with and how it can help you. It also explains what you can do if the local council won't help you.

How could my health be affected?

There are many ways in which your mental or physical health could be affected by disrepair in your home. This might be due to:

• dampness
• mould growth
• rats, cockroaches and other infestations
• blocked drains or problems with rubbish or sewage
• lack of fire precautions
• stress (for example, because unfinished repairs make life unbearable)
• faulty or dangerous gas or electrical appliances
• defective electrical wiring.

If your landlord is refusing to repair these sorts of problems, the environmental health department may be able to help you force them to do so. You may wish to write to your landlord warning them that if the disrepair is not fixed within a certain time limit (depending on the urgency of the problem) you will seek help from the council. You can download a sample letter here.

What can the environmental health department do?

The council's environmental health department has to inspect and take action to sort out disrepair that is causing a 'nuisance'. 'Nuisance' has a specific legal meaning here that's different from its everyday meaning. Disrepair that is causing a nuisance may:

• affect your health
• cause a problem for the public
• disturb people in any neighbouring property
• make your home unfit for you to live in.

Should I take action?

The most important things you should consider before deciding about whether to contact the environmental health department are:

• how easily you can be evicted
• whether you want to stay in the property
• the seriousness of the problem and how this affects you and the people you live with.

How do I get the environmental health department to help?

If you think the condition of your accommodation is affecting your health or is causing problems for other people around you, you can contact the environmental health department and ask them to carry out an inspection. You can find contact details in the phone book or at your council's website. You won't have to pay anything for an inspection as this is a free service, and your complaint will be kept confidential if you wish.

An environmental health officer should then carry out an inspection of your home. If your landlord won't let them in, they can obtain a warrant.

The officer needs to do more than just agree that your home needs repaired; they also have to agree that the problem is likely to be harmful to your health or to cause a public nuisance. If this is the case, the environmental health department can give your landlord an 'abatement notice'.

What is an abatement notice?

An abatement notice is a legal document ordering your landlord to put the problem right and setting a time limit by which any works must be completed.

The environmental health department may send your landlord an informal notice before giving them an abatement notice, warning that further action will be taken if they don't get the repairs done within a certain time frame.

Your landlord can appeal against an abatement notice if they don't think it is fair. They must lodge their appeal at the sheriff court within 21 days of receiving the notice.

What if my landlord ignores the abatement notice?

If your landlord doesn't comply with the abatement notice, the environmental health department can:

• take steps to repair the problem themselves and then charge your landlord for the work
• take your landlord to court.

If the environmental health department takes your landlord to court, the court can order the works to be done and/or fine your landlord up to £5,000.

What else can the council do?

The council also have a duty to take action against your landlord if your home doesn't reach a basic level or repair known as the 'tolerable standard'. This may be the case if your home:

• has a bad problem with rising or penetrating damp
• is not structurally stable, for example it's subsiding
• doesn't have adequate ventilation, natural and artificial light or heating
• doesn't have an adequate supply of fresh water
• doesn't have a sink with hot and cold water
• doesn't have an indoor toilet
• doesn't have a fixed bath or shower and wash basin with hot and cold water
• doesn't have a good drainage and sewerage system
• doesn't have satisfactory cooking facilities (this doesn't mean your landlord has to provide you with a cooker, but there must be somewhere suitable for you to install your own cooking facilities)
• doesn't have an adequate entrance.

Again, you'll need to report the situation to the environmental health department and ask for an officer to inspect your home. If they decide that your home isn't fit, they will either:

• order your landlord to fix the problems by issuing a repair notice, or
• decide that your home should be demolished.

If your landlord doesn't carry out the repairs or improvements within the time limit specified in the repair notice, the council can carry out the work instead and then charge your landlord.

What if I have to move out?

If you have to move out of your home because it's no longer safe for you to live there and you don't have anywhere else to go, you can make a homeless application to the council's housing department. It will provide you with temporary accommodation while it looks into your situation, and may then offer you a permanent home.

What if the council won't help me?

If the environmental health department doesn't take action, you may be able to raise an action in the sheriff court yourself. Taking court action can be complicated and sometimes slow. It can also be expensive, unless you are entitled to legal aid to help pay your legal costs.

You may also be able to challenge the council's decision not to take action by way of judicial review. However, this can be a complicated process, so get advice from a housing aid centre or Citizens Advice Bureau if you are considering taking this course of action.

You may also be able to make a complaint to the Scottish Public Services Ombudsman.

Where can I get more information and advice?

If your health is being affected by the condition of your home and you are not sure what to do, talk to an adviser at a housing aid centre, a Citizens Advice Bureau, your local council or other local advice centre. Use the Advice Services Directory to find agencies in your area.