Today the Scottish Government published its guidance on the new “Awaab’s Law” regulations which are due to commence on 6th October 2026. These new regulations look to tackle the issue of damp and mould within tenanted properties.
The Investigation and Commencement of Repair (Scotland) Regulations 2026 seek to improve housing conditions within the rented sector, by introducing new duties on both private and social landlords.
The main duties now falling on both social and private landlords from 6 October 2026 are:
- To ensure that a competent person investigates reports of damp or mould within 10 working days of becoming aware of them.
- To produce a written summary of investigation findings and provide this to the tenant or their representative within 3 working days of the investigation concluding.
- If the investigation determines substantial damp or mould, the landlord must ensure repair work is commenced within 5 working days upon conclusion of the investigation.
- Upon commencement, social landlords must ensure the repair is completed within a maximum period of 20 working days. Private landlords must ensure the repair is completed as soon as reasonably practicable.
- Ensure the house will continue to be substantially free from damp and mould, as far as reasonably practicable.
The guidance seek to give landlords clarity in respect of their new duties, and how to comply. The full guidance can be found here: https://www.gov.scot/publications/awaabs-law-guidance-landlords-scotland/
If you are a landlord seeking more information or advice in relation to the new guidance or the new 2026 Regulations themselves, please contact our expert social housing or private rented sector teams at TC Young.
