Complaining about damp and mould in your council or housing association 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 to deal with damp and mould complaints. You must first report damp and mould to your landlord.

Make a complaint if they do not fix the problem in the set timescale or if it keeps coming back. You could take action to force them to do repairs.

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 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 substantial 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 start any necessary repairs within 5 working days of the investigation finishing.

Your landlord must complete the repairs within 20 working days of them starting.

If your landlord fails to meet the timescales

There could be limited situations 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

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

• getting compensation from the Right to Repair scheme

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 has a legal responsibility to investigate damp and mould and do any necessary repairs within set timescales.

If they do not, you can:

• make a formal complaint to your landlord

• report your landlord to the Scottish Public Services Ombudsman (SPSO) if they do not resolve your complaint

• contact the council’s environmental health team

• contact your MSP or councillor for help

• take a type of legal action called specific implement

Gather evidence

Keep reporting the problem to your landlord 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 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

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

If they do not, complain by email or letter so there is proof of what you said. If you send a letter, 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.

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.

If you do not get a response you are happy with, tell the council you want to move to stage 2.

A stage 2 complaint must be looked at by a more senior member of staff within 20 working days. If there is a delay, they must tell you why.

If your complaint is still not resolved, you can complain to the ombudsman.

The Scottish Public Services Ombudsman (SPSO) is a free independent service. They can investigate how your landlord responded to your complaint, and tell your landlord what they should do to fix the problem.

You must complete a stage 2 complaint to your landlord and wait for their response before you can complain to the SPSO.

You must complain to the SPSO within 1 year of first reporting the damp and mould problem to your landlord.

The SPSO prioritises urgent cases. If your case is not urgent, it can take several months to be investigated.

Make a complaint on the SPSO website.

Check the SPSO guidance on how to complain about a public service.

Contact environmental health

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

They should inspect your home to check that it meets legal standards and that it is 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, this is a type of legal action called specific implement.

You will need help from a solicitor to do this.

Check our advice on going to court for repair problems.

Getting compensation

You could try getting compensation through the Right to Repair scheme if your landlord does not meet the legal timescales.

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

• affected your health

• damaged your property

• caused you inconvenience or distress

If they disagree, 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.