Last checked: 4th November 2026
Damp and mould in a rented home can be distressing, particularly when the problem is not dealt with promptly. New legislation known as Awaab’s Law marks an important change to how these issues are addressed in Scotland. This guide looks at what the change means for tenants and landlords.
Awaab’s Law sets new damp and mould duties for Scottish landlords
Awaab’s Law is the name commonly used for the Investigation and Commencement of Repair (Scotland) Regulations 2026. The regulations introduce specific legal duties for landlords when they become aware of damp or mould in a home for which they are responsible.
The Scottish rules are separate from the version introduced in England.
Awaab’s Law covers most social and private rented homes
The regulations apply to accommodation in Scotland covered by either the Right to Repair Scheme or the Repairing Standard.
What about temporary accommodation?
Not all temporary accommodation is covered. It depends on whether the accommodation falls within the Right to Repair Scheme or Repairing Standard. Social landlords are encouraged to follow the guidance as good practice in other settings.
Who is covered? Most council and housing association tenants, most private tenants, and some people living on publicly provided Gypsy/Traveller sites.
What counts as a working day?
A working day excludes Saturdays, Sundays and Scottish bank holidays. Keep a record of when you reported the problem.
Scottish landlords must meet four key damp and mould deadlines
Once a landlord becomes aware of damp or mould, the statutory timetable begins.
10 working days: the landlord must arrange an investigation by a suitably qualified and experienced person. The clock starts when the landlord becomes aware of the problem.
Within 3 working days of the investigation ending
Your landlord must give you a written summary of the findings and any action or repairs planned.
How substantial damp or mould is assessed
There is no single measurement. The investigator considers the extent and severity of the problem, how long it has been present, where it is and the circumstances of the household.
Starting repairs
5 working days to start repairs
If substantial damp or mould is identified and repair work is required, the landlord must start it within 5 working days after the investigation concludes. This is the deadline to begin work, not to finish it.
When must repairs be completed?
Social landlords
Complete within 20 working days after work starts.
Private landlords
Complete within a reasonable time after the investigation. There is no fixed 20-day period for private landlords.
Repairs must address the underlying cause
The aim is to make the home substantially free from damp and mould and, as far as reasonably practicable, prevent it returning. This may mean fixing a leak or building defect, improving ventilation and removing mould safely. A mould wash alone is unlikely to be enough if the underlying problem remains.
If your landlord blames your lifestyle: Everyday activities create moisture, but that does not remove the landlord’s responsibility to investigate. Landlords remain responsible for building defects and repairs covered by their legal duties.
What if a deadline cannot be met?
When a deadline cannot be met
A landlord may rely on exceptional circumstances beyond their control, such as severe weather, unexpected supply problems or genuine difficulty gaining access.
This is not an automatic extension. The landlord must tell the tenant why the deadline cannot be met, give an expected timescale and take reasonable steps where practicable to minimise the damp or mould while the issue remains unresolved.
Tenants should report damp and mould in writing and keep evidence
What to do
Report in writing, take dated photographs and keep copies of messages and repair appointments. Mention any relevant health or support needs.
Tenants can use compensation and enforcement routes if landlords miss deadlines
Social tenants: compensation
If a council or housing association misses either deadline, you may be entitled to compensation.
If the investigation is late: £15, plus £3 for each working day after the deadline until the investigation is completed.
If repair work starts late: £15, plus £3 for each working day after the deadline until the repair begins.
The regulations allow compensation under each provision. The Scottish Government guidance states a maximum of £100 for any one repair.
Start by using your landlord’s formal complaints process. Keep copies of your report, the investigation summary and any repair updates.
Private tenants: enforcement
Private tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if their landlord is not meeting the Repairing Standard.
The Tribunal can order the landlord to carry out necessary repairs.
Reports made before 6th October 2026
Reports made before 6th October 2026 are outside the new deadlines, but existing repairing standards still apply.
Does this apply across the UK?
The rules explained here apply in Scotland. England has a separate version of Awaab’s Law.
If your landlord does not act
Keep copies of reports and replies. Ask for the written findings and make a formal complaint if a deadline is missed.
If unresolved, social tenants can use the landlord’s complaints process and may approach the Scottish Public Services Ombudsman. Private tenants can apply to the First-tier Tribunal.
Remember
You cannot be evicted simply for reporting repairs. Do not remove wallpaper or carpets if you suspect hidden mould, as disturbing it can release spores.
Where to get independent help
Frequently asked questions
Quick answers about Awaab’s Law and the new damp and mould rules in Scotland.
Can I report damp or mould even if I think it is condensation?
Yes. Report it to your landlord. The landlord must ensure the issue is properly assessed by a competent person. It should not be dismissed without an appropriate investigation.
Do the 10 working days start when I report the problem?
The period starts when the landlord becomes aware of the damp or mould. Keep a record of when you reported it and how you contacted them.
Does my landlord have to remove the mould within 5 working days?
Where substantial damp or mould is identified, necessary repair work must start within 5 working days after the investigation concludes. This is the deadline to commence work, not necessarily to finish all repairs.
Do private landlords have 20 working days to finish repairs?
No. The 20-working-day completion period applies to social landlords. Private landlords must complete the repair within a reasonable time after the investigation.
What if the landlord does not respond to my report?
Keep a record of your report and follow up in writing. Use the landlord’s formal complaints process if the issue is not addressed. Social and private tenants have different escalation routes under the relevant housing rules.
Do the new rules apply to a report I made before 6th October 2026?
No. The Scottish Government says reports made before 6th October 2026 are not covered by the new Awaab’s Law timeframes. Existing repairing and housing standards still apply.
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Information note: This guide summarises official Scottish Government guidance available on 4th November 2026. Housing rules can change. Always check the latest official guidance or seek appropriate housing or legal advice about an individual case.