If you have damp or mould in your rented home
This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales
Landlord's duties to deal with damp and mould
Your landlord must make sure your house meets the tolerable standard. The tolerable standard says the house must be substantially free from rising or penetrating damp.
If you have a private landlord, they must also make sure that your house meets the repairing standard. The repairing standard says the house must be substantially free from damp and mould.
Your landlord shouldn’t blame you for having damp or mould in your home. It’s their responsibility to find out what’s causing it.
Check what type of damp you have
There are different types of damp:
condensation damp
rising damp
penetrating damp
Mould can grow as a result of damp.
The type of damp you have could determine what action to take.
Condensation damp
Condensation damp is when moisture from the air inside the property condenses on cold surfaces in the house, like walls or windows. Condensation damp can occur anywhere on a wall. It can cause mould to grow and furniture to be damaged.
You should be able to do your everyday activities without condensation becoming a problem. These include things like cooking, cleaning and showering. Your landlord should not blame you for condensation.
It can be hard to know what’s causing condensation damp. There might be more than one reason. Condensation damp could be caused by not having:
proper ventilation - for example, a room where the windows do not open
good enough extractor fans in kitchens and bathrooms
a working heating system
insulation on external walls or ceilings
a suitable way to dry clothes - for example, if a flat does not have access to an outside area or a tumble dryer.
If condensation is becoming a problem, tell your landlord. Ask them to check all the potential causes of condensation damp.
There are things you can do to try and reduce extra moisture in your home - for example, keeping your home well ventilated.
Find out more about dealing with condensation in your rented home on the Shelter Scotland website.
Rising damp
Rising damp is caused when external moisture rises within the walls of a property. It generally affects the lower part of the ground floor of a property up to the height of about 1 metre. If you live above the ground floor in a block of flats and have damp, it will not be rising damp.
Modern properties have a damp course to prevent rising damp. A breached damp course will cause rising damp.
Rising damp is usually a structural issue that your landlord must deal with.
Penetrating damp
Penetrating damp is caused when water finds its way into a building. It can come from outside or a neighbouring building. Penetrating damp can be caused by things like:
a leaking roof or drainpipe
cracked walls
blocked guttering.
Your landlord will usually be responsible for fixing these issues.
How to get your landlord to deal with damp or mould
What you can do about damp and mould in your rented home depends on your tenancy type. If you're not sure, you should check what type of tenancy you have. You'll have either:
a public-sector tenancy - with a local council or housing association
a private-sector tenancy - with a private landlord or letting agency.
You can use the tenancy checker on the Shelter website.
Getting your private landlord to deal with damp or mould
You should report damp or mould as soon as you notice it. Your landlord is only responsible for repairing the problem when you’ve reported it or they become aware of it.
If you report damp or mould to your landlord, or they become aware of it, they must:
arrange an investigation - a qualified person must investigate the damp or mould within 10 working days, starting the day after you report it
provide a written summary - you should get a written report of the findings within 3 working days, starting the day after the inspection is done
start any necessary repairs - any work needed must begin within 5 working days, starting the day after the inspection is done.
If the landlord cannot meet these deadlines for reasons beyond their control, they must write to you and explain:
that they cannot meet the deadline
why they cannot meet it
when they expect to be able to complete the work.
In the meantime, the landlord must take reasonable steps to reduce the impact of the damp or mould.
If your landlord is not dealing with the damp or mould, there are steps you can take.
Find out how to complain about damp or mould in your private rented home on the Shelter Scotland website.
If you need help to deal with your landlord, you can get advice from your local Citizens Advice Bureau.
Getting your council or housing association landlord to deal with damp or mould
You should report damp or mould as soon as you notice it. Your landlord is only responsible for repairing the problem when you’ve reported it or they become aware of it.
The Right to Repair scheme sets deadlines for some repair issues to be fixed. If you report damp or mould to your landlord, or they become aware of it, they must:
arrange an investigation - a qualified person must investigate the damp or mould within 10 working days, starting the day after you report it
provide a written summary - you should get a written report of the findings within 3 working days, starting the day after the inspection is done
start any necessary repairs - any work needed must begin within 5 working days, starting the day after the inspection is done.
After the repair, the landlord must make sure the home is substantially free from damp and mould , and that it will remain so.
If the landlord cannot start the repair on time for reasons beyond their control, the deadline is paused. They must write to you to explain:
that the original deadline has been put on hold
the reasons why
when they expect to complete the investigation or start the repair.
If your landlord is not dealing with the damp or mould, there are steps you can take.
If you need help to deal with your landlord, you can get advice from your local Citizens Advice Bureau.
Compensation from your council or housing association landlord for damp or mould
Under the Right to Repair scheme, if the landlord misses a deadline without a valid reason, you can get compensation. You can get compensation for:
delayed investigation - if the investigation is not done within 10 working days, you can get £15, plus £3 for each extra working day until it’s done
delayed repairs - if the repair work is not started within 5 working days, you can get £15, plus £3 for each extra working day until the work starts.
Compensation is capped at £100 for each type of failure. You can get compensation under more than 1 category.
You can also claim compensation in court if the landlord did not comply with their repairing duties. You could get compensation for:
losses or damage - for example, damaged furniture, lost wages, redecorating costs or fuel bills
inconvenience - for example, the time and trouble of clearing up or redecorating
injury or damage to health
loss of accommodation - if you cannot use all or some of the home.
Compensation claims can be complicated. You might need legal advice before taking action.
Find out how to get help with a legal case.