Key Takeaways

  • Awaab’s Law comes into force in Scotland on 6th October 2026, requiring social and private landlords to respond to reports of damp and mould within clear legal timescales.
  • Landlords must arrange an investigation by a competent person within 10 working days and provide the tenant with a written summary of the findings within three working days.
  • Where substantial damp or mould is identified, necessary repairs must start within five working days, with social landlords required to complete repairs within 20 working days.
  • If exceptional circumstances prevent landlords meeting a deadline, they must explain the reason, provide a revised timeframe and take reasonable interim steps to minimise the impact of damp or mould.
  • Tenants should report damp and mould promptly and keep records of communications, with formal complaints and routes such as the First-tier Tribunal available if issues are not dealt with appropriately.

 

From today, 6th October 2026, new legislation will require landlords across Scotland to respond more quickly and effectively to reports of damp and mould in rented homes.

The Investigation and Commencement of Repair (Scotland) Regulations 2026, commonly known as Awaab’s Law, introduce clear timescales for investigating reports of damp and mould and carrying out any necessary repairs. The rules apply to both social and private landlords.

The changes aim to protect tenants from the potential health and wellbeing impacts of living in homes affected by dampness and mould, while giving landlords clear responsibilities and timescales to follow.

The law is named after Awaab Ishak, a two-year-old boy who sadly died in England following prolonged exposure to mould in his family’s home. His death prompted calls for stronger legal protections for tenants living in properties affected by damp and mould.

What is Awaab’s Law and who does it apply to?

The new regulations apply to accommodation in Scotland covered by the Right to Repair Scheme or the Repairing Standard. This includes social housing provided under Scottish secure and short Scottish secure tenancies, as well as most privately rented properties.

The new duties apply where the damp or mould relates to parts of the property that the landlord is responsible for maintaining and repairing.

What must landlords do about damp and mould?

Under Awaab’s Law, landlords must take specific steps once they become aware of a report of damp or mould.

First, a competent person must investigate the issue within 10 working days of the landlord becoming aware of it. This person must have the skills and experience needed to assess whether the property is substantially free from damp and mould and whether repair work is required.

Following the investigation, the landlord must provide the tenant, or their representative, with a written summary of the findings within three working days.

If the investigation identifies substantial damp or mould, the landlord must ensure that any necessary repair work starts within five working days of the investigation concluding.

For social landlords, the repair must then be completed within a maximum of 20 working days. Private landlords must ensure the repair is completed as soon as reasonably practicable.

Landlords must also take reasonable steps to ensure that the property remains substantially free from damp and mould, where reasonably practicable.

What happens if a landlord cannot meet the deadlines?

The Scottish Government guidance recognises that there may be exceptional circumstances beyond a landlord’s control. These could include severe weather, illness or bereavement, unexpected contractor or supply chain problems, difficulties accessing a property, or unforeseen delays in obtaining external permissions or approvals.

If a landlord cannot meet a statutory timescale for one of these reasons, they must tell the tenant why, explain which requirement cannot be met and provide a revised timeframe.

They must also take reasonable interim steps, where practicable, to minimise the impact of the damp or mould. Depending on the circumstances, this could include temporary repairs, mould removal, temporary ventilation measures or monitoring the situation.

Landlords are also encouraged to keep clear records of reports, investigations, communications and repair work, as they may need to demonstrate that they complied with their duties.

What does Awaab’s Law mean for tenants?

For tenants, the introduction of mandatory timescales provides greater clarity about how quickly reports of damp and mould should be investigated and addressed.

If you notice damp or mould in your rented home, you should report it to your landlord as soon as possible and keep a record of when you reported the issue and any communication that follows.

If the issue is not dealt with appropriately, tenants can use their landlord’s formal complaints process. Social housing tenants may also have routes to the Scottish Public Services Ombudsman, while private tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) where a landlord is failing to meet the Repairing Standard.

The introduction of Awaab’s Law means landlords now have clearer legal responsibilities when it comes to damp and mould, while tenants have greater protection and a more defined process for raising concerns about the condition of their rented home.

Looking for support managing your rental property?

ESPC Lettings can help landlords navigate their responsibilities and manage the day-to-day requirements of letting a property. Find out more about ESPC Lettings and the services available to landlords.