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Scottish landlords face new 10-day damp and mould deadline

Shirley-Anne Somerville

Landlords in Scotland have been urged to get to grips with new damp and mould rules as Awaab’s Law comes into force next week.

Both private and social landlords will have strict timescales to investigate any report of damp or mould, provide written findings, and carry out necessary repairs under the Investigation and Commencement of Repair (Scotland) Regulations 2026

New guidance outlines that landlords must ensure reports of damp or mould are investigated promptly, including reports made by tenants or issues landlords discover during unrelated visits such as inspections. Investigations and repairs must be carried out by someone with relevant skills and experience while necessary repairs must tackle the root cause of the damp or mould, not just treat the symptoms.

Scottish Association of Landlords says landlords have a legal exemption where damage to the house has been caused by the tenant not using the house in a proper manner, such as not properly using the heating and ventilation systems.

Assumptions

However, it warns that landlords mustn’t make assumptions that reports of damp or mould such as condensation are caused by tenant behaviour. Where an investigation establishes that the problem isn’t the result of a building defect, landlords should report those findings to the tenant and point them towards appropriate advice and guidance.

Under the new rules – from 6 October - landlords must ensure that a competent person investigates reports of damp or mould within 10 working days of becoming aware of them and produce a written summary of investigation findings and issue this to the tenant or their representative within three working days of the investigation concluding. If the investigation determines substantial damp or mould, ensure repair work is started within five working days upon conclusion of the investigation.

Timescales

If a landlord can’t stick to these timescales, they must set out in writing to the tenant the reasons why and the expected timescale.

Scottish Association of Landlords chief executive, John Blackwood, says: “What happened to Awaab Ishak was tragic and SAL welcomes the law that bears his name as part of our collective effort to ensure that nothing like it ever happens again.

“Landlords across Scotland have a duty to be fully aware of what this new law means for them and how it applies in their business."

Understand

Housing Secretary Shirley-Anne Somerville says: “With the law coming into force next week, it's vital that both landlords and tenants take the time now to understand their rights and responsibilities. We'll also be raising awareness of just how important it is for landlords and tenants to work together, so that damp and mould issues are identified early and resolved quickly.”

In England, the government has legislated to extend Awaab's Law to the private rented sector through the Renters’ Rights Act 2025, but the actual requirements and start date have not yet been set.

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Tags:

awaab's law
Scotland

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