They introduce new duties on landlords to investigate damp and mould in their properties and start any repairs within a set timescale. Guidance has been produced by the Scottish Government on this and can be accessed here.
I discussed the issues arising from these new regulations recently on Radio Scotland and can be found here from around 1:08.
This is the first set of regulations as part of the implementation of Awaab’s Law, named after a young boy who died in 2020 from a respiratory condition caused by mould at his family’s housing association flat in Rochdale. According to the Scottish House Condition Survey, around 8-10% of all properties in Scotland are affected by damp and mould.
Damp and mould in properties is caused by excessive moisture and is often the result of building defects or structural issues, including rising damp, penetrative damp and traumatic damp. However, it can also be the result of lack of ventilation or air circulation in properties. If the latter is the case, the landlord cannot now simply blame tenant behaviour but must work with the tenant to remedy the problem, including signposting them to appropriate advice and guidance.
England introduced similar regulations last year, but they currently apply only to the social rented sector. In Scotland, the regulations apply to both the social rented and private rented sectors.
Compliance timescales
Landlords in Scotland are already required to address damp and mould issues in their properties under the Repairing Standard and Tolerable Standard. Awaab’s Law sets clear deadlines for doing so.
Once the landlord has become aware of the problem:
They need to complete an investigation into the issue within 10 working days by a competent person.
They must provide a written summary of the results of the investigation within 3 working days of the investigation being completed.
Work to deal with the damp/mould must start within 5 working days of the investigation being completed if the results say that work is required.
For a social landlord, the repair must be completed within a maximum of 20 days. Private landlords must ensure that the repair is completed ‘as soon as reasonably practicable’. Repairs should ensure that the property remains ‘substantially free’ of damp and mould.
If a landlord cannot meet these deadlines, they must inform the tenant in writing and provide reasons.
Enforcement measures
The Regulations do have ‘teeth’. Social landlords are regulated and may face action by the Scottish Housing Regulator for ongoing damp and mould issues. Tenants may also receive up to £100 per repair where a landlord fails to comply.
For private landlords, the tenant can apply to the First-tier Tribunal (FTT) if they believe that their property fails to meet the Repairing Standard and the landlord has not addressed the problem. If the FTT agrees, they can issue a Repairing Standard Enforcement Order, where failure to comply with the order is a criminal offence. They may also notify the local authority, which could carry out the required works and recover costs from the landlord. The FTT may also issue a non-retrospective Rent Relief Order to restrict rent payable until the Enforcement Order has been complied with.
For all landlords, it is important that they have effective damp and mould policies, reporting procedures and maintenance processes to ensure and evidence compliance, including full and clear record keeping.
Other legislation now in force
Other legislation also became active on 6 October.
- The qualifying period for a person to inherit a private residential tenancy following a tenant’s death is reduced from 12 months to six months for relevant tenancies where the tenant dies on or after 6th October 2026.
- Tenants can now apply to the FTT for a Wrongful Termination Order if they believe their landlord misled them into leaving a private residential tenancy by relying on an eviction ground that did not apply. For tenants who leave a property on or after 6th October, the potential award will increase significantly, from the current range of up to six months’ rent to between three and 36 times the relevant sum, subject to the statutory calculation.
At Rettie, our lettings teams have recently completed training on this new legislation, helping us stay ahead of the latest requirements and ensuring we can continue to support landlords with expert, up-to-date advice.
If you are unsure how the new requirements affect you as a landlord, or would like guidance on keeping your property compliant, our experienced Lettings Team is here to help. Get in touch with your local Rettie Lettings office for more information.