Housing Disrepair, Damp, and Mould: Your Rights in South Lanarkshire
Tenants and landlords in South Lanarkshire are covered by the same statutory framework as the rest of Scotland. This guide covers your legal rights regarding disrepair, damp, and mould in rented properties. It's designed for private renters who need to understand their obligations and entitlements when dealing with property maintenance issues.
The topic of housing disrepair has gained significant attention recently due to tragic incidents like the Grenfell Tower fire and more recent cases involving poor living conditions that have led to severe health hazards, including mould-related illnesses. Awaab's Law, part of the Renters' Rights Act 2025, aims to strengthen tenants' rights by ensuring properties are fit for human habitation.
What the Law Says
Landlord and Tenant Act 1985 (Section 11) sets out the basic obligations of landlords regarding repairs. This includes responsibilities related to disrepair issues such as damp and mould. Additionally, the Homes (Fitness for Human Habitation) Act 2018 provides further protection by defining what constitutes a property unfit for human habitation, covering factors like structural safety, water supply, drainage, heating, and cleanliness.
Under Awaab's Law within the Renters' Rights Act 2025, private landlords are required to maintain their properties in a condition that's fit for occupation. This means ensuring that any disrepair issues, such as damp or mould, are addressed promptly.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduces stricter enforcement mechanisms and clearer timelines for landlords to address property disrepair. Specifically, Awaab's Law mandates that private rental properties must be fit for human habitation at all times.
For damp and mould issues, the RRA 2025 sets a clear timeframe of one month from when the tenant reports these problems to the landlord. Landlords are legally obligated to take prompt action within this period to rectify the situation. Failing to do so may result in legal repercussions for the landlord.
What This Means for Tenants in South Lanarkshire
Tenants in South Lanarkshire have statutory rights that ensure landlords must address disrepair issues without delay. According to Section 11 of the Landlord and Tenant Act 1985, landlords are responsible for maintaining basic structural integrity, including walls, ceilings, windows, and doors. Any damage affecting these elements falls squarely on the landlord's shoulders.
Under Awaab's Law, tenants must report damp and mould issues within a reasonable time frame, typically as soon as they notice them. Landlords then have up to one month to resolve these problems. This statutory requirement ensures that private renters don't suffer from unhealthy living conditions due to neglectful landlords.
Your Next Steps if You Need Help in South Lanarkshire
If you encounter housing disrepair issues and require assistance, start by contacting the landlord directly to report the problem in writing. Document all communications with a paper trail, including emails, letters, and any formal requests for repairs.
For further support, reach out to free advice services like Citizens Advice or Shelter. South Lanarkshire council also has a dedicated housing team that can assist you if your landlord fails to address disrepair issues promptly. Additionally, the council's environmental health officers may step in to serve improvement notices on landlords who don't comply with legal requirements.
Common Mistakes to Avoid
Tenants often make mistakes like neglecting to report issues promptly or failing to document their complaints thoroughly. Landlords might overlook their statutory obligations by delaying necessary repairs or ignoring tenant concerns.
To avoid these pitfalls, tenants should maintain clear records of all communications regarding disrepair and ensure they adhere strictly to reporting deadlines under Awaab's Law. Similarly, landlords must keep up with maintenance schedules and respond promptly to any reported issues to prevent legal disputes.
When to Get Professional Advice
If your landlord consistently fails to address disrepair issues despite repeated requests, it may be wise to seek professional advice from a solicitor regulated by the Law Society of Scotland. Free services like those provided by Citizens Advice or Shelter can typically provide initial guidance and help with drafting formal complaints.
Before engaging a solicitor, check directly with South Lanarkshire council for any specific local requirements or additional resources available. Always ensure you have sufficient evidence before pursuing legal action to support your case effectively.
