Awaab's Law - Guidance for tenants in Scotland

Step 2: Reporting damp or mould

You should report damp and mould to your landlord as soon as you notice it. You should do this via your landlord’s usual process for raising repair issues. For example, you should avoid using social media to report an issue unless your landlord has confirmed that it as a suitable method for reporting problems.

Whilst you may reach out to other bodies for support, only your landlord will be subject to the Awaab’s Law timescales.

Your landlord may ask you for further information to help them understand the nature of the problem and find a suitable person to investigate the issue. They might ask you about:

• the size, spread and location of the damp or mould.
• who lives in the home.
• any information that might mean people are at greater risk – for example your age and any health conditions which can make damp and mould more serious.

It’s important to be ready with as much information as you can. However, you do not need disclose any personal information that you are not comfortable with sharing. Landlords should not ask proof of a health condition, unless you wish to share this.

Investigation process and timescales

Landlords must take action once they find out about damp or mould. This could be when:

• You or someone on your behalf reports a problem.
• A third-party, such as a contractor, raises a concern.
• The landlord notices an issue during a routine visit to your home.

Once your landlord is aware of the issue, they have 10 working days to investigate. As the investigation must be undertaken by someone with appropriate skills and experience, this could include housing maintenance staff or in some instances your landlord may ask a contractor to visit.

Your landlord will need access to your home to investigate and carry out repairs to make your home safe. As set out in your tenancy agreement, you should allow your landlord access to carry out repairs.

Your landlord should work with you to agree an appropriate time to visit and provide adequate notice. In some cases, a virtual investigation may be deemed appropriate, for example a video call. You should speak with your landlord if you have any questions or concerns with an in person or virtual investigation.

If you don’t allow access and your landlord has tried to contact you and meet your needs, they are unlikely to be held responsible for delays.

In some cases, understanding the cause of damp or mould and what repairs are needed can be difficult. It may require a more complex or specialist inspection. This might not always be possible in 10 working days, particularly if a specialist is needed.

If your landlord cannot investigate the issue within 10 working days because of reasons beyond their control, they must write to you to explain why they can’t meet the timescale and provide a revised timescale. They should also take steps where they can, to minimise the damp or mould in the meantime. This could be a temporary repair or taking steps to monitor the situation.

Written summary

Once the investigation has been completed, your landlord must send you a summary of the investigation findings within three working days. The three-day timescale relates to when the summary is sent, not when you receive it.

You should tell your landlord how you would like to receive the written summary and let them know if you have any accessibility needs, such as large print or a different language. Email is usually the fastest way for landlords to send the summary.

The written summary must include:

• The name of the persons or organisations who conducted the investigation.
• A summary of the investigation process and findings, with explicit confirmation as to whether the house in substantially free from damp and mould.
• Details of any action taken during the visit, if appropriate.
• If substantial damp or mould is identified, confirmation of the actions required and a target timeframe for beginning the work.
• If substantial damp or mould is not identified, an explanation of what was found and, if appropriate, whether any repair will be conducted through your landlord’s own repair policy, procedures or service standards instead (where they exist).