Complaining about damp and mould in your private rented home

Your landlord is usually responsible for fixing problems caused by damp and mould. They cannot evict you for reporting repairs or asking for repairs to be done.

There are steps your landlord must take when you report damp and mould.

Make a complaint if they do not fix the problem or if it keeps coming back. If they still do not take action, you can report them to the council or go to the housing tribunal.

Steps your landlord must take

The law changed on 6th October 2026. If you report damp or mould on or after this date, your landlord must investigate and take steps to fix the problem within specific timescales.

Step 1: investigate within 10 working days

Your landlord must arrange an inspection of the damp and mould in your home.

The inspection must be done by someone with suitable knowledge and skills to investigate damp and mould.

The investigation must be done within 10 working days of you reporting the problem.

Step 2: share the findings within 3 working days

Your landlord must give you a written summary of what the investigation finds. They must give you this within 3 working days of the investigation being finished.

The summary must include:

• the name of the person or organisation who did the investigation

• the process they used to investigate and what they found

• a statement on whether there is substantial damp and mould in the home

• what actions are needed to fix it, and when the work will begin, if damp and mould is found

• an explanation of what the investigator found and why, if they say there is no substantial damp and mould

The investigator should consider different factors to decide if the damp and mould is substantial. For example, if there is someone with a significant health issue in your home, or how much of your home is affected by the problem.

Step 3: start repairs within 5 working days

Your landlord must usually start any necessary repairs within 5 working days of the investigation finishing if substantial damp or mould is found.

There is no specific time limit for the repairs to be finished, but your landlord should tell you what is expected and complete the repairs within a reasonable timescale.

If your landlord fails to meet the timescales

There could be limited situations beyond your landlord’s control which mean your landlord cannot meet the legal timescales.

For example, if the cause of the damp and mould is complex, it could need a specialist investigation. This could mean the investigation cannot be fully completed within 10 days.

If they cannot meet one of the legal timescales, your landlord must:

• write to you and tell you why

• tell you when the step will be completed

• take steps to reduce the impact of damp and mould in the meantime, such as providing a dehumidifier

If your landlord is trying to fix the problem but it’s taking a long time, you could try asking for a rent reduction until it's fixed.

If you reported the problem before 6th October

The law changed on 6th October 2026. If you reported damp and mould before 6th October, these timescales do not apply.

Your landlord should still complete repairs in a reasonable time. You can take action against them if they do not.

If you report a new damp or mould problem on or after 6th October 2026, the new rules will apply.

Your responsibilities

You are responsible for:

• reporting damp and mould to your landlord

• allowing access to your home for inspections and repair work

• taking reasonable steps to reduce condensation

Your landlord should not blame you for damp and mould without investigating the cause. If the cause is something they are legally responsible for they should deal with it so that the problem does not come back.

Check our advice on types of damp and mould and who’s responsible.

If your landlord does not fix the problem

Your landlord must investigate damp and mould and start repairs they are legally responsible for within set timescales. They must finish these repairs within a reasonable time. If they do not, you could:

• make a formal complaint to your landlord or letting agent

• report your landlord to the council’s environmental health or private renting team

• apply to the housing tribunal for a repairing standard enforcement order, which is a legal order that tells the landlord what repairs they must do and the deadline to complete them by

• contact your MSP or councillor for help

Gather evidence

Keep reporting the problem to your landlord or letting agent in writing. It’s best to send emails so that you have proof.

Record the dates and times you report it and any responses you get.

Take photos and videos of the problem and any damage to your home or belongings.

Keep receipts for anything you have to replace, or any extra costs you have to pay because of damp and mould.

If your or your family’s health is affected, medical evidence could help show your landlord or letting agent that the problem is serious. It could also help if you need to take action against them.

Ask your doctor to write a letter explaining how damp and mould is affecting your health. Ask them to be as specific as possible. For example, the letter could say if:

• the health problems started after your home showed signs of damp or mould

• your existing health problems got worse because of the damp or mould

• you have a disability or health condition that makes damp and mould risky for you – for example, if you have severe asthma or a weakened immune system

Make a complaint

If your landlord does not meet their legal responsibilities, complain in writing by email or letter so there is proof of what you said. If you send it in the post, use tracked delivery and keep your receipt.

Tell them how the problem is affecting you and your family, and what you want them to do.

Check if your tenancy agreement sets out any timescales for doing repairs.

If you rent from a letting agent, check if they have a written repairs policy that says how long repairs should take.

If repairs take longer than the policy says, ask for their complaints procedure. They should have a set timescale to respond to you.

You can use our template letter to make a complaint. If you are sending it to your letting agent, send your landlord a copy too.

Copy and paste the sample text and personalise it with your details.

Report your landlord or letting agent to the council

You can report your landlord to:

• the council’s private renting team

• the environmental health team, if damp and mould is making your home unsafe to live in

The council can inspect your home to check it meets a legal standard of repair and, if necessary, help you take legal action at the housing tribunal.

Find your council's website on mygov.scot.

Use our letter template to contact the council. Copy and paste the sample text and personalise it with your details. Include as much evidence as possible.

Take legal action at the housing tribunal

You could apply to the housing tribunal to force your landlord to do repairs. It is free to apply to the tribunal. You do not need to use a solicitor unless you want to.

Your application will only be accepted if you have proof of reporting the issue to your landlord in writing.

The tribunal will inspect your home to check if it meets the repairing standard.

The tribunal could issue an enforcement order against your landlord if there is damp and mould caused by:

• water coming in from outside, for example through gaps in windows or a leaking roof

• structural problems or problems with the outside of your home, such as blocked gutters

• a lack of a fixed heating system

• a lack of ventilation, natural light, or insulation

• problems with the pipes or drainage

• leaks or other problems with appliances your landlord provided

Check our advice on going to the tribunal for repair problems.

Contact your MSP or councillor

MSPs represent you in the Scottish Parliament. Councillors represent you in your local council.

Getting an MSP or councillor involved could make your landlord take the problem more seriously.

Check our advice on contacting your MSP or councillor.

Getting compensation for damp and mould

You could ask your landlord for compensation if damp and mould in your home has:

• cost you money

• affected your health

• damaged your property

• caused you inconvenience or distress

When you contact them, include evidence, such as:

• proof you reported an issue they are legally responsible for

• a written timeline of the issue and what steps have been taken

• receipts for things you had to replace

• a doctor's letter about health problems

If they do not agree to awarding you compensation, you could apply for compensation at the housing tribunal.

You may need to get legal advice when going to the tribunal for compensation.

If you need to move out because of damp and mould

If your landlord or letting agent has other properties, you could ask them to move you into alternative accommodation until the problem is fixed.

You could also try:

• applying for social housing

• applying for a mid-market rent

• looking for another private rented home

Before moving out, check our advice on:

• ending your tenancy

• getting your deposit back

Applying as homeless

You may be legally homeless if damp and mould is making your home unsafe to live in. The council must give you somewhere temporary to stay while they look into your situation.

Check our advice on making a homeless application.

At your homeless interview, show the council proof of why you cannot stay in your home. For example, get a medical letter that explains how it’s affecting your health.