From 6 October 2026, private and social landlords in Scotland will have new legal deadlines for investigating and responding to damp and mould. The changes are commonly known as Awaab’s Law.
For private landlords, the new duties form part of Scotland’s existing Repairing Standard framework. They introduce clear timescales for investigating a potential problem, reporting the findings to the tenant, and starting any necessary repair work.
Here is what landlords and tenants need to know.
What is Awaab’s Law?
Awaab’s Law is named in memory of Awaab Ishak, a two-year-old boy who died following prolonged exposure to mould in his home in England.
England introduced Awaab’s Law for social housing in October 2025. Scotland has introduced its own legal framework through the Investigation and Commencement of Repair (Scotland) Regulations 2026.
The Scottish rules are distinct from the English regulations. Crucially, the Scottish duties apply to both social housing and most private rented homes, including most private residential tenancies.
When does Awaab’s Law take effect in Scotland?
The new duties come into force on 6 October 2026.
The statutory timescales do not apply to cases reported before that date. However, landlords must still meet their existing repair and housing-standard obligations, including the Repairing Standard where it applies.
Which Scottish landlords and tenancies are covered?
The rules apply to accommodation in Scotland covered by either:
- the Repairing Standard, which applies to most private tenancies; or
- the Right to Repair Scheme for Scottish secure and short Scottish secure tenancies.
For private landlords, the duties apply where the damp or mould affects a part of the building for which the landlord is responsible and any necessary repair is the landlord’s responsibility.
Some arrangements are excluded. For example, occupancy agreements are not treated as tenancies for the Repairing Standard, and mobile homes are outside that framework. Landlords who are uncertain whether the rules apply should seek advice based on the particular tenancy and property.
What are the new damp and mould deadlines?
Once a landlord becomes aware that a home may be affected by damp or mould, the following maximum statutory timescales apply.
Investigate within 10 working days
A competent person must complete an investigation within 10 working days of the landlord becoming aware of the potential issue.
The investigator does not need to hold a specific qualification, but the landlord must reasonably consider that they have the skills and experience needed to decide:
- whether the home is substantially free from damp and mould; and
- if it is not, whether repair work is required.
An in-person investigation will usually be appropriate. A remote assessment may be suitable in some circumstances, but landlords should record why that approach was considered adequate.
Provide a written summary within three working days
The landlord must issue a written summary to the tenant or their representative within three working days after the investigation concludes.
The summary must include:
- who carried out the investigation;
- a brief account of the process and findings;
- confirmation of whether the home is substantially free from damp and mould;
- details of any work completed during the visit;
- where substantial damp or mould is found, the work required and the target date for starting it; or
- where substantial damp or mould is not found, the reasons for that conclusion and details of any other repair work that may be carried out.
The summary may be issued electronically, by post, in person or in another written format appropriate for the tenant.
Start necessary repairs within five working days
If the investigation finds substantial damp or mould and identifies repair work for which the landlord is responsible, that work must begin within five working days after the investigation concludes.
Starting work may include an immediate mould treatment or another temporary safety measure. However, a surface mould wash alone is unlikely to be enough where it does not address the underlying cause or prevent the problem returning.
Complete private rented repairs within a reasonable time
Private landlords must complete the repair work within a reasonable time after the investigation. What is reasonable will depend on the circumstances, but landlords should act as quickly as reasonably practicable.
The work must make the home substantially free from damp and mould and, as far as reasonably practicable, keep it that way. This means investigating and dealing with root causes, which might include water ingress, defective guttering, leaks, inadequate ventilation, insufficient heating or poor insulation.
When does the clock start?
The duties begin as soon as the landlord becomes aware of a potential damp or mould issue. A formal complaint from the tenant is not required.
A landlord might become aware through:
- a tenant or their representative;
- a routine inspection or other visit;
- a contractor attending the property;
- housing support staff or another third party; or
- evidence discovered while dealing with an unrelated repair.
Landlords should make sure anyone involved in managing or maintaining the property knows how to record and escalate a report promptly.
What counts as substantial damp or mould?
There is no single size threshold that automatically decides whether damp or mould is substantial. The investigator should use their skills and experience and consider the individual circumstances, including:
- the extent and location of the damp or mould;
- whether it is persistent, hidden or present in several areas;
- the likely duration of exposure;
- the cause and the risk of it recurring; and
- whether anyone in the home may be particularly vulnerable to its effects.
Potentially vulnerable people include babies and children, older people, pregnant women, people with weakened immune systems and those whose health conditions could be made worse by damp or mould. A tenant may choose to provide medical evidence but is not required to do so.
Landlords should not assume that damp or mould is caused by a tenant’s behaviour or decline to investigate on that basis. Everyday activities such as cooking, bathing and drying clothes are unavoidable. Where household factors contribute to a problem, the landlord should still investigate and work constructively with the tenant.
What if the deadline cannot be met?
Where circumstances beyond the landlord’s control prevent compliance with a deadline, the landlord must notify the tenant. The notification should explain:
- which duty cannot be met;
- why it cannot be met; and
- the revised timeframe for compliance.
The landlord must also take reasonable steps, where practicable, to minimise the damp or mould while the issue remains unresolved. Examples of circumstances beyond a landlord’s control may include severe weather, an unexpected shortage of contractors, supply-chain problems or an inability to gain access despite reasonable attempts.
This is not a general extension. Landlords should keep evidence of the steps taken, the reason for the delay, communications with the tenant and any interim measures.
What records should landlords keep?
Clear records can help landlords manage repairs and demonstrate compliance. These should include:
- when and how the issue first became known;
- photographs, messages and reports received;
- risk and vulnerability information that is relevant and necessary;
- attempts to arrange access;
- inspection dates, findings and the investigator’s details;
- the written summary sent to the tenant;
- contractor instructions, appointments and invoices;
- repair start and completion dates;
- any reason a deadline could not be met; and
- follow-up checks and communication.
Personal information must be handled in line with UK GDPR and the Data Protection Act 2018. Health information requires particular care because it is special category data. Landlords and agents should collect only what is necessary, restrict access and retain it only for as long as needed.
What happens if a private landlord does not comply?
Private tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if they believe their home does not meet the Repairing Standard.
The Tribunal can make a Repairing Standard Enforcement Order requiring work to be completed. Failing to comply with an order without a reasonable excuse is a criminal offence. The Tribunal may also make a Rent Relief Order that restricts the rent payable until the enforcement order has been complied with.
How can landlords prepare for Awaab’s Law in Scotland?
Landlords should consider taking the following steps:
- Review how tenants can report damp, mould and repairs.
- Make sure reports from tenants, contractors and inspections are date-stamped and escalated immediately.
- Identify competent staff, agents or contractors who can investigate within 10 working days.
- Create a written investigation-summary template containing all required information.
- Check that contractors can begin necessary work within five working days.
- Establish a process for assessing risk and relevant occupant vulnerability without collecting excessive personal data.
- Keep a clear audit trail from the first report through to completion and follow-up.
- Review recurring cases to make sure the root cause, not only visible mould, is addressed.
How Your Move can help
Managing a rental property means keeping on top of changing legislation as well as maintenance, tenant communication and record-keeping.
If we are not managing your property for you, our local lettings teams can help you understand your property management options and prepare for the practical demands of the new rules.
FAQs
Does Awaab’s Law apply to private landlords in Scotland?
Yes. From 6 October 2026, the Scottish regulations apply to most private tenancies covered by the Repairing Standard, as well as Scottish secure and short Scottish secure tenancies.
How quickly must a Scottish landlord investigate damp or mould?
A competent person must investigate within 10 working days of the landlord becoming aware that the home may be affected by damp or mould.
When must the tenant receive the investigation findings?
The landlord must issue a written summary to the tenant or their representative within three working days after the investigation concludes.
How quickly must repairs start?
Where substantial damp or mould is found and repair work is required, the landlord must start that work within five working days after the investigation concludes.
How long does a private landlord have to finish the repairs?
Private landlords must complete the work within a reasonable time after the investigation. The appropriate period depends on the circumstances, but action should be taken as quickly as reasonably practicable.
Can a landlord blame the tenant for condensation?
A landlord must not dismiss a report or avoid an investigation by assuming the tenant caused the problem. If household factors contribute, the landlord should still assess the issue, meet the applicable duties and work constructively with the tenant.
What if a tenant refuses access?
The landlord should make reasonable attempts to arrange access and keep evidence of those attempts. A landlord will not be treated as having breached the Awaab’s Law duty where non-compliance resulted from circumstances beyond their control, provided the required steps are followed.
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