Reports of damp and mould in rented homes have become an increasing focus for governments and housing regulators across the UK. In Scotland, new rules coming into force in October 2026 will place tighter obligations on private landlords to investigate and address these issues within specific timescales.
Often referred to as ‘Awaab’s Law’, the reforms follow the tragic death of two-year-old Awaab Ishak in 2020 after prolonged exposure to black mould in his family’s home in Rochdale. Introduced through the Housing (Scotland) Act 2025 and accompanying regulations, the changes are intended to strengthen protections for tenants and improve standards across the private rented sector.
So, what do the new rules mean for landlords and tenants in Scotland?
Minimum Housing Standards
All homes in Scotland must conform to the ‘tolerable standard’ set out in the Housing (Scotland) Act 1987. As the name suggests, the tolerable standard is the minimum qualitative standard required for any home to be fit for human habitation.
One of the conditions for meeting the tolerable standard is that a home is substantially free from rising or penetrating damp. The Housing (Scotland) Act 2025 amends these provisions so that consideration must be given to guidance issued by the Scottish Government when assessing these forms of damp.
The Repairing Standard
The ‘Investigation and Commencement of Repair (Scotland) Regulations 2026 update the ‘repairing standard’ as set out in the Housing (Scotland) Act 2006. The repairing standard is the minimum condition which all privately rented properties must meet and now includes a requirement that a property is “substantially free from damp and mould”.
Where a landlord is notified of damp or mould, they must ensure that an investigation is carried out by a suitably ‘competent person’ to determine whether the house meets the required standard, and whether any ‘relevant safety work’ is required
Relevant safety work means work undertaken to ensure that the house is and will continue to be (so far as reasonably practicable) substantially free from damp and mould.
New Response Times for Landlords
After receiving a report, or otherwise becoming aware, of damp or mould, the initial investigation must be completed within 10 working days. The landlord must provide the tenant with a written summary of that investigation within 3 working days after its completion. If qualifying repairs are necessary, these must begin within 5 working days after the investigation has been completed. On completion of those works, the home should be substantially free from damp and mould. If these deadlines cannot be met, for reasons outwith the landlord’s control (e.g. due to non-availability of tradespersons) the landlord must notify the tenant in writing, explaining why they cannot comply and give a reasonable timescale for compliance.
What do the changes mean for Landlords?
Landlords are now placed under a clear obligation to investigate reports of damp and mould promptly. However, the new rules do not mean that they are obliged to carry out remedial work for every instance of damp and mould.
There are exceptions to the landlord’s repairing standard obligations. In particular, a landlord does not have to carry out work which is either a tenant’s obligation or has been caused by the tenant’s failure to use the let property in a proper manner.
In practical terms that means that landlords must carry out works relating to damp and mould occurring as a result of a defect in the fabric of the building they own, or as a result of a fault or inherent defect with an electrical installation or appliance supplied by the landlord such as an extractor fan. However, if the damp or mould has occurred because the let property has not been adequately aired and heated, responsibility may not rest with the landlord.
The Scottish Government has published guidance aimed at helping people identify and prevent the various types of damp and mould. The guidance is intended to support both tenants and landlords in understanding the causes of damp and mould and the steps that can be taken to address them.
Flats and Common Repairs
Another important consideration arises in relation to flats and tenement properties.
If work required to prevent damp and mould involves works to something in a tenement building which is owned in common, the title deeds may require a majority of owners agree before repairs can proceed. Getting majority consent is seldom something that happens quickly.
As a result, the owner of a flat whose tenant has reported damp, will not be in breach if no works have started within 5 working days if the reason for the delay is that the qualifying repair involves a common part and majority consent is still awaited.
Key Takeaways
Awaab’s Law and new regulations represent a significant change for Scotland’s private rented sector, introducing clearer duties and stricter timescales for landlords to investigate damp and mould. While landlords will not be responsible for all damp and mould problems that may occur, they are expected to act promptly when concerns are raised and, where necessary, arrange appropriate repairs. The changes are intended to improve housing standards and provide tenants with greater protection, while still recognising situations where repairs may be outside a landlord’s control.
If you would like to discuss how these changes may affect you as a landlord or tenant, please get in touch with our team.
