Housing Disrepair, Damp and Mould: Your Rights in East Lothian
Tenants and landlords in East Lothian are covered by the same statutory framework as the rest of Scotland. This includes national laws such as the Landlord and Tenant Act 1985 (Section 11), which outlines a landlord's responsibilities to maintain the property, and more recent legislation like the Renters' Rights Act 2026 (Awaab's Law). These legal protections are especially important in light of ongoing housing issues such as damp and mould, which can significantly affect tenants' health and well-being. Given the prevalence of these problems, it's important for both parties to understand their rights and responsibilities.
What the Law Says
The Landlord and Tenant Act 1985 (Section 11) stipulates that landlords must ensure their properties are fit for human habitation at all times. This includes addressing issues such as disrepair, dampness, and mould growth. The Homes (Fitness for Human Habitation) Act 2018 reinforces this requirement by setting out specific criteria for determining whether a property is suitable for living in. Under the Renters' Rights Act 2025, known as Awaab's Law, private renters have additional protections specifically related to disrepair issues like damp and mould.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduces significant changes for tenants facing disrepair issues. It mandates that landlords must address any reported disrepair within a reasonable timeframe, which is typically no more than two months after being notified by the tenant. Awaab's Law provides specific timeframes and deadlines for addressing damp and mould problems. Landlords are required to undertake remedial action promptly upon receiving notice from tenants, ensuring that health risks associated with these issues are mitigated.
What This Means for Tenants in East Lothian
Tenants in East Lothian should be aware of which repairs fall under their landlord's responsibility by statute. Under Section 11 of the Landlord and Tenant Act 1985, landlords must maintain basic facilities like heating systems, plumbing, electrical installations, and structural elements to ensure they're safe and working properly. Awaab's Law further clarifies that issues such as dampness and mould growth must be addressed within two months after tenants report them. This ensures that tenants don't suffer long-term health consequences due to living in unsuitable conditions.
Your Next Steps if You Need Help in East Lothian
If you need help addressing disrepair or mould problems, your first step should be contacting the landlord directly and putting your concerns in writing. Gather evidence such as photos and any relevant correspondence between yourself and the landlord. Additionally, consider reaching out to free advice services like Citizens Advice Scotland or Shelter for guidance on your rights and how to proceed legally.
The East Lothian council's housing team can also provide assistance if the disrepair is severe enough to warrant intervention by public authorities. They may offer mediation services or help you report the issue formally under local environmental health regulations. This proactive approach ensures that landlords comply with legal obligations and tenants receive necessary repairs promptly.
Common Mistakes to Avoid
Tenants often make mistakes such as failing to document their complaints thoroughly. Delaying action out of fear or uncertainty, or not seeking professional advice early enough. Landlords might also overlook statutory requirements by ignoring reports of disrepair or taking too long to address them. To avoid these issues, tenants should keep detailed records and follow up systematically with the landlord. If progress is slow, tenants may need to escalate their concerns through official channels like the East Lothian council's housing department.
When to Get Professional Advice
If you find that your efforts to resolve disrepair or mould problems aren't yielding results, it may be wise to seek professional legal advice. A solicitor can provide tailored guidance on how to proceed and ensure that all statutory requirements are met by both tenants and landlords. However, in many cases, free services like those offered by Citizens Advice Scotland or Shelter might suffice for initial consultation and support. Always check with a solicitor before making any major decisions regarding legal action.
By understanding your rights and taking proactive steps, you can address disrepair issues effectively and maintain a healthy living environment.
