Damp or mould in a rented home in Scotland
Your landlord now has
a deadline. Here it is.
From 6 October 2026, landlords in Scotland — private and social — must investigate reported damp and mould within fixed timescales. This free tool works out what you are looking at, calculates the exact dates your landlord has to meet, and writes the letter that starts the clock.
until the new duties come into force
Step one
What are you actually looking at?
Damp gets treated as one problem. It is at least four, and they have different causes, different fixes and different people responsible. Answer these and we will tell you which is most likely.
Step two
The 10 · 3 · 5 rule, counted for you.
Once your landlord becomes aware the property may be affected by damp or mould, three clocks start. Working days, not calendar days — so weekends and Scottish bank holidays do not count. Put in the date you told them and we will work out the actual dates.
If you reported it more than once, use the first date. If it was verbal, use the date you spoke to them — but see the letter below, because in writing is far easier to prove.
Step three
Put it in writing, with a date on it.
This is the single most useful thing you can do. A dated written report is what starts the clock, what proves when it started, and what the First-tier Tribunal will want to see if it goes that far. Fill this in and copy it into an email.
If the deadlines pass
What you can actually do about it.
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Chase in writing, once
Reply to your own email so the thread has the original date in it. Say which deadline has passed and ask them to confirm when they will attend. Keep it short and unemotional — this becomes evidence.
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Get free advice
Shelter Scotland and Citizens Advice Scotland both give free, independent housing advice and can tell you how strong your position is before you spend anything. Neither charges, and neither is trying to sell you a survey.
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Tell your council's environmental health team
Local authorities have powers over housing that falls below the Tolerable Standard, which includes being substantially free from rising and penetrating damp. This route costs you nothing.
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Apply to the First-tier Tribunal
If you rent privately and your landlord has not met the Repairing Standard, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). It can order the work done and can reduce the rent payable until it is. There is no fee to apply. If you are a social tenant, complain through your landlord's process first, then the Scottish Public Services Ombudsman.
The rules, in plain English
What the law actually says.
The Investigation and Commencement of Repair (Scotland) Regulations 2026 come into force on 6 October 2026 and apply to both social and private rented housing. Once a landlord becomes aware a property may be affected by damp or mould — from your report, their own inspection, or any other route — they must investigate within 10 working days, give you a written summary of what they found within 3 working days of finishing that investigation, and start any necessary work within 5 working days of concluding it is needed.
If they cannot meet a timescale for reasons outside their control, they must write to you explaining why and when they expect to comply. Note that in the private rented sector there is currently no statutory deadline for finishing the work and no automatic compensation scheme.
Under the Housing (Scotland) Act 2006 a private rented home must be wind and watertight and in all other respects reasonably fit for people to live in — at the start of your tenancy and the whole way through it. The 2026 regulations amend the standard so the property must be substantially free from damp and mould. Enforcement is through the First-tier Tribunal, which can make a Repairing Standard Enforcement Order and a rent relief order.
A separate and older minimum, set by the Housing (Scotland) Act 1987. A house below it is not considered fit to live in. It includes being substantially free from rising damp and penetrating damp, and it applies across all tenures — so it matters whether you rent or own. Your council enforces it.
Scottish secure tenants have a right to have certain small urgent repairs costing under £350 done within 1, 3 or 7 working days, with compensation if the landlord misses it. Most damp remediation is too expensive to qualify — but the things that cause it often do, such as a leaking pipe, a blocked drain or a broken extractor fan. Worth checking against your landlord's list.
The defect causing your damp is often not in your flat. Roofs, gables, closes and common downpipes are shared, and who pays is decided first by the title deeds and then, where the deeds say nothing, by the Tenement Management Scheme in the Tenements (Scotland) Act 2004 — under which a majority of owners can agree necessary maintenance. If you rent, this does not remove your landlord's duty to you. It is their problem to sort out with the other owners, not yours.
Often, yes — "you're drying washing indoors" is the standard reply. Sometimes lifestyle genuinely is a factor. But condensation and mould are also caused by cold bridging, missing or broken extract ventilation, windows that will not open, poor insulation and heating that costs too much to run. Where damp or mould is not the result of a building defect, landlords are still expected to work with you and point you to proper advice — not simply to close the case.
It is written to help you understand your position and is correct as far as we know at the date below. It is not a substitute for advice on your own circumstances. Check the current legislation at legislation.gov.uk, or speak to Shelter Scotland, Citizens Advice Scotland or a solicitor.
LAST REVIEWED — 13 AUGUST 2026 · NEXT REVIEW — 6 OCTOBER 2026 · SCOTLAND ONLY — the rules in England, Wales and Northern Ireland are different
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