Complaining about damp and mould in your council or housing association home

As your landlord, the council or housing association 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. You could take action to force them to do repairs.

The council or housing association's responsibilities

When you report a damp or mould problem in your home, your landlord should:

• arrange an inspection by an expert to check what’s causing the problem

• repair any issues that are causing damp and mould

• make sure your home has proper ventilation, insulation and heating to avoid condensation dampness

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

• ask them to move you to alternative accommodation while the work is done

Get evidence if they're not dealing with the problem

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

Include 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 the council or housing association 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:

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

• your existing health problems have gotten 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 the council or housing association

Ask the council or housing association for their complaints procedure. They may have a form you can use to complain.

Otherwise, complain by email or in writing 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.

The council or housing association must respond to your complaint within 5 working days.

You can use our template letter to make a complaint. Copy and paste the sample text and personalise it with your details.

Make a stage 2 complaint

If you’re unhappy with the response to your first complaint, tell the council you want to take it to stage 2.

A stage 2 complaint must be looked at by a more senior member of staff.

They must do this within 20 working days, or tell you why if there’s a delay.

Complain to the ombudsman if it's still not fixed

The Scottish Public Services Ombudsman (SPSO) is a free independent service that can investigate your complaint.

You must complain to them within a year of when you first reported the damp and mould problem to your landlord.

It can take several months for your case to be investigated.

Make a complaint on the SPSO website.

Take action against the council or housing association

You can take these steps at the same time as making a complaint.

Contact environmental health

The council's environmental health team can get involved if your home is unfit to live in, or if it's affecting your health.

They should inspect your home to check that it meets legal standards and that it's not harming your health.

If you rent from a housing association, environmental health can order them to do any work that's needed.

Check our advice on contacting environmental health.

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 can make your council or housing association take the problem more seriously.

Check our advice on contacting your MSP or councillor.

Take legal action

You could take the council or housing association to court to force them to deal with the problem.

You’ll need help from a solicitor to do this.

Check our advice on going to court for repair problems.

Getting compensation

Some repairs have set deadlines, and you could get compensation if they take too long. This includes leaks and broken extractor fans. Check our advice on how long repairs should take.

If your furniture has been ruined by damp or mould, you could apply for a community care grant to replace it.

You could also ask your landlord for compensation if damp and mould in your home has cost you money, damaged your property or impacted your health.

If they do not agree, you could ask for compensation at court. Check our advice on going to court for compensation.

If you need to move out because of damp and mould

You could try:

• ask the council or housing association for help with transferring to another home

• applying to other social housing providers

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, a medical letter that explains how it’s affecting your health.