Complaining about damp and mould in your private rented home

Your landlord or letting agent should look into the causes of damp and mould, and do repairs or improvements to fix it.

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

You cannot be evicted for complaining about damp and mould.

Your landlord’s responsibilities

When you report a damp or mould problem, your landlord or letting agent should inspect your home to check what’s causing the problem.

Your home must meet a legal standard, called the repairing standard. If there are repair issues, like leaks or blocked gutters, your landlord or letting agent must fix these in a reasonable time.

They should also make sure your make sure your home has proper ventilation, insulation and heating to avoid condensation dampness.

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

You’re 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. They should deal with the root cause so that the problem does not come back.

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

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

Get evidence if they're not dealing with the problem

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

Take photos and videos of the issue and any damage that it’s caused to your home or belongings. If the problem is getting worse, take more photos to show how it has changed over time.

Get receipts for things you’ve had to replace or other extra costs due to damp and mould.

Keep a diary of the dates and times you’ve reported it and any responses.

If it’s affecting your or your family’s health

Medical evidence could make your landlord or letting agent take the problem more seriously. It could also help if you need to take action against them.

Ask your doctor or community practice nurse 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 that:

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

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

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

Make a complaint to your landlord or letting agent

Complain in writing by email or letter so that you have proof. If you send it in the post, use recorded delivery.

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

If you rent from a letting agent, 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. 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 should inspect your home to check it meets a legal standard of repair.

They can order your landlord to do repairs or help you take legal action.

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

You could apply to the housing tribunal to force your landlord to do repairs.

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. It will not meet this standard if there’s 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, damaged your property or impacted your health.

Include proof of any impacts, like receipts for things you had to replace or a doctor's letter about health problems.

If they do not agree, you could apply for compensation at the tribunal. Check our advice on 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.