The introduction of Awaab’s Law (Tuesday 6 October) means that new damp and mould rules came into force for private landlords in Scotland. Gregor MacEwan, Partner in our Dispute Resolution and Litigation team, outlines the key deadlines and practical steps for responding to reports.
Private landlords in Scotland must now follow strict timescales when responding to reports of damp or mould.
The Investigation and Commencement of Repair (Scotland) Regulations 2026, commonly known as Awaab’s Law, came into force on 6 October 2026 and strengthen landlords’ duties when damp or mould is reported.
The law is named in memory of two-year-old Awaab Ishak, who died after prolonged exposure to mould in his family’s housing association home in England. It is intended to prevent tenants from living with unhealthy conditions for extended periods.
Gregor MacEwan advises landlords in the private rented sector, he said: “What happened to Awaab was a tragedy. No-one wants to see anything like that happen again. Responsible private rental sector landlords, like those we work with, want to ensure good living standards.
“The practical reality of the legal change for landlords is that they must act on complaints about damp or mould almost immediately - appointing a competent person to investigate a complaint of damp or mould within 10 working days of notification.
“If repairs are needed, these must be completed within five working days, except for circumstances beyond the landlord’s control.
“Failing to act in accordance with the law could bring with it enforcement action in the Housing and Property Chamber of the First-tier Tribunal.”
The regulations amend the repairing standard under the Housing (Scotland) Act 2006 so that privately rented homes must be substantially free from damp and mould.
The only reason where a landlord cannot meet the new timescales are when circumstances are beyond their control. Examples may include contractor shortages, severe weather, bereavement, difficulty gaining access to the property or delays in obtaining external approvals.
Gregor added: “If a landlord needs to rely on this, they must tell their tenant, explain the reason, share when work is expected to be completed and take reasonable steps to minimise dampness or mould in the meantime,”
The law was changed by the Scottish Government in consultation with stakeholders across the housing sector and is similar to changes made in England. For private landlords, the key practical priorities are clear reporting routes, reliable record-keeping and access to competent contractors who can investigate and action repairs quickly.
