Housing Disrepair, Damp and Mould: Your Rights in Perth and Kinross
Tenants and landlords in Perth and Kinross are covered by the same statutory framework as the rest of Scotland. This guide covers your rights when it comes to disrepair issues such as damp and mould. It's especially pertinent given recent updates like Awaab's Law under the Renters' Rights Act 2025, which aim to make housing more habitable and safer for tenants.
The issue of housing disrepair has been a pressing concern in Perth and Kinross. With many residents experiencing issues that affect their health and quality of life. In recent years, there have been several cases where inadequate maintenance by landlords has led to severe dampness and mould growth, posing significant risks to tenant wellbeing. The implementation of Awaab's Law under the Renters' Rights Act 2025 marks a key moment in addressing these issues more effectively.
What the Law Says
The key statutes governing housing disrepair are the Landlord and Tenant Act 1985 (Section 11) and the Homes (Fitness for Human Habitation) Act 2018. Section 11 of the Landlord and Tenant Act 1985 outlines that a landlord is responsible for maintaining structural parts of a property. Including roofs, windows, doors, heating systems, gas appliances, and electrical installations. The Homes (Fitness for Human Habitation) Act 2018 extends these obligations by requiring landlords to ensure their properties are fit for human habitation throughout the tenancy.
The Renters' Rights Act 2025 further strengthens tenant protections against disrepair through Awaab's Law, which specifically addresses private rental sector issues. This law clarifies that a property must be kept in good repair and condition, ensuring that tenants have access to safe and healthy living conditions.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduces significant changes to how disrepair is handled. Under Awaab's Law for private rentals, landlords are required to take swift action on damp and mould issues. Tenants may now hold landlords accountable if they fail to address such problems within a reasonable timeframe, typically no longer than two weeks from the date of notification.
The act also provides tenants with more strong legal tools to enforce their rights. It mandates that landlords provide regular inspections and maintenance schedules for properties, ensuring that potential disrepair issues are caught early before they become severe.
What This Means for Tenants in Perth and Kinross
In Perth and Kinross, tenants should be aware of which repairs fall under the statutory responsibility of the landlord. By law, landlords must maintain structural elements like roofs, walls, floors, windows, and doors, as well as important services such as heating systems and gas appliances.
Under Awaab's Law, if damp or mould issues arise in your property, you're entitled to have them addressed within a reasonable timeframe-typically two weeks from the date of notification. If the landlord fails to act promptly, tenants may pursue legal action under the Renters' Rights Act 2025 to enforce their rights.
Your Next Steps if You Need Help in Perth and Kinross
If you encounter disrepair issues in your property, start by reporting them directly to your landlord in writing. Keep a copy of all correspondence for your records. Gather evidence such as photographs or videos showing the extent of damage or disrepair.
For further assistance, contact free advice services like Citizens Advice Scotland, Shelter, or Perth and Kinross council's housing team. These organisations can offer guidance on how to proceed and what legal actions you may be entitled to take under Awaab's Law.
Common Mistakes to Avoid
- Lack of Documentation: Failing to keep written records of all communications with your landlord regarding disrepair issues.
- Ignoring Minor Issues: Allowing small problems to escalate into major repairs by neglecting to report them promptly.
- Not Seeking Legal Advice: Assuming that you must handle disputes alone without exploring the options for legal advice and support.
When to Get Professional Advice
You may be entitled to seek professional legal advice from a regulated solicitor if your landlord repeatedly fails to address disrepair issues or if you need assistance in pursuing legal action under Awaab's Law. It's typically advisable to consult free services first, such as those offered by Citizens Advice Scotland or Shelter, before considering private legal representation. Check directly with Perth and Kinross council for local resources and advice tailored specifically to your situation.
