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Scotland presses ahead with Awaab's Law for private landlords

john blackwood and mould

Landlords in Scotland are to get new timescales on dealing with damp and mould in a bid to better protect tenants in the PRS.

New draft regulations - the Investigation and Commencement of Repair (Scotland) Regulations 2026 - will introduce new duties on private landlords to investigate reports of damp and mould and start any repairs needed within a set timescale, if approved by Parliament.

This is the first set of regulations for the implementation of Awaab’s Law, which Housing Secretary Màiri McAllan says will help to ensure cases are swiftly investigated by landlords and prompt action taken.

“In Scotland, while 90% of homes are free from damp and mould, we want to make sure everyone is protected,” she adds. “That’s why we are leading the way in rolling out these protections to both social and private tenants. We have worked closely with tenant groups, landlords and other stakeholders to develop regulations that protect tenants while being practical for landlords to implement.”

Promises

She promises that the government will raise awareness of the importance of identifying and addressing damp and mould issues as quickly as possible.

Scottish landlords are already required to repair damp and mould, with current advice telling them to report it as soon as possible and to fix the problem in a reasonable amount of time. However, what counts as reasonable depends on the circumstances and cause, says Shelter Scotland, for example, a landlord can provide a dehumidifier to reduce condensation in a couple of days, while structural issues could take much longer to fix.

According to Scottish Association of Landlords, the government has said new requirements will take effect “from March,” but no specific date has been released. Chief executive, John Blackwood believes SAL members take the safety of their properties extremely seriously and commit to upholding the highest standards possible.

Crucial

“When developing regulations, it is crucial that legislators and their officials take care to balance protecting tenants with not impeding landlords; SAL will work with government and other stakeholders to ensure this,” he tells LandlordZONE.

In England, social landlords have had to address emergency hazards within 24 hours since 27th October 2025. Other less serious hazards have to be investigated within 14 days and repairs need to be completed within a strict timeframe.

Although the law is not yet in force for private landlords in England, the government has made it very clear that social housing and PRS standards are converging. The new Decent Homes Standard will be applied to the PRS for the first time and will expect landlords to demonstrate that they are tackling damp and mould proactively. In time, failing to comply with Awaab’s Law could result in substantial fines, compensation payments, and even criminal prosecution.

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