Awaab’s Law: New Damp and Mould Rules for Scottish Tenants From 6th October 2026

From 6th October 2026, new Awaab’s Law duties will apply to relevant social and private landlords in Scotland. The new rules introduce set timescales for investigating reports of damp and mould, giving tenants written information about the findings and starting required repairs.

What is changing for Scottish tenants?

Awaab’s Law is being introduced in Scotland through the Investigation and Commencement of Repair (Scotland) Regulations 2026. The Scottish Government says the regulations come into force on 6th October 2026 and place duties on both social and private landlords to investigate reports of damp and mould and commence required repairs within set timescales.

The change does not create landlord responsibility for damp and mould from scratch. Scottish landlords already have housing and repairing duties. The new rules add specific statutory timescales for dealing with damp and mould.

How quickly must a landlord investigate damp or mould?

From 6th October, a relevant landlord must ensure that a competent person investigates a report of damp or mould within 10 working days of the landlord becoming aware of it.

The 10-working-day period is about the investigation. It is not the same thing as the deadline for finishing repairs.

What happens after the investigation?

The landlord must provide the tenant, or someone acting on the tenant’s behalf, with a written summary of the investigation findings within 3 working days of the investigation concluding. The summary should explain what was found and what action will be taken where action is required.

Not every report will necessarily lead to the same repair response. The regulations and official guidance distinguish between substantial damp or mould and situations that are outside the Awaab’s Law repair requirements.

What counts as substantial damp or mould?

The Scottish Government guidance explains how investigators should assess whether damp and mould are substantial. The assessment is not based on a single universal percentage or measurement.

Factors can include the extent and severity of the damp or mould, how long it has been present and the circumstances of people living in the home. The investigator must apply the relevant guidance rather than simply dismissing a report as condensation or a tenant “lifestyle” issue.

A small isolated problem will not automatically mean that every Awaab’s Law timescale applies in exactly the same way. However, tenants should still report damp or mould because landlords continue to have wider duties to provide safe, suitable homes.

How quickly must repairs begin?

Where the investigation identifies substantial damp or mould requiring repair, the landlord must ensure that the repair work starts within 5 working days after the investigation concludes.

This is a deadline for starting the necessary work. It is separate from the time allowed to complete that work.

How long do landlords have to finish the repairs?

For social landlords, the Scottish rules set a maximum period of 20 working days from the date repair work begins for the relevant repair to be completed.

For private landlords, the repair must be completed as soon as reasonably practicable. The Scottish Government guidance recognises that some repairs can be more complex than others, but landlords must still act within the requirements of the regulations.

What does a proper repair involve?

Awaab’s Law is not simply a rule about wiping visible mould from a wall. Where substantial damp or mould is identified, the response should address the problem sufficiently to make the home substantially free from damp and mould and, as far as reasonably practicable, keep it that way.

That can mean looking at the underlying cause, such as a leak, building defect or ventilation problem, rather than dealing only with the visible mould.

What if the landlord says the problem is your fault?

The official Scottish Government guidance says landlords should not assume that damp or mould is simply the result of a tenant’s lifestyle and use that assumption as a reason not to investigate. Everyday activities such as cooking, bathing and drying clothes naturally produce moisture.

There are circumstances where a hazard may be outside the scope of the Awaab’s Law repair requirements, including some cases where the tenant has caused damage through a breach of the tenancy agreement. The precise facts matter, and the landlord still has to meet their wider legal responsibilities.

What happens if the landlord cannot meet a deadline?

The regulations include provisions for exceptional circumstances where, for reasons beyond the landlord’s control, the required action cannot be taken within the normal timescale.

This is not a general permission to extend deadlines whenever it is inconvenient to arrange work. Check the current Scottish Government guidance for the circumstances and steps that apply.

What should tenants do if they find damp or mould?

Report it to the landlord as soon as possible and make the problem clear. Keeping a record of when the landlord was told can be especially useful because the statutory process starts when the landlord becomes aware of the issue.

It is sensible to keep copies of emails, messages and repair reports, and to take photographs if that helps record what you have found. Tell the landlord if the problem is recurring, getting worse or affecting different parts of the property.

If the landlord arranges an inspection or repair, keep a note of what was agreed and when work is due to happen.

What if a landlord misses the new timescales?

Social housing

The Scottish Government guidance provides an enforcement and compensation route for social tenants. Where a social landlord fails to meet the relevant Awaab’s Law investigation or repair-commencement timescales, the tenant can claim compensation under the regulations.

The current guidance states that this consists of an initial £15, followed by £3 for each working day until the repair is completed, subject to a maximum of £100 for that repair. Check the current guidance for the detailed conditions and process before making a claim.

Private renting

Private tenants have different enforcement arrangements. The Repairing Standard and the First-tier Tribunal for Scotland (Housing and Property Chamber) are important parts of the existing system for dealing with repairing-standard problems.

Where a private landlord does not meet the relevant requirements, the tenant may be able to use the Tribunal and other remedies available under Scottish housing law. The exact route depends on the circumstances of the case.

What about damp or mould reported before 6th October 2026?

The Scottish Government’s tenant guidance states that cases reported before 6th October 2026 are not subject to the new Awaab’s Law timeframes.

That does not mean a landlord can ignore an existing damp or mould problem. The wider repairing and housing standards that already apply in Scotland remain relevant to homes with damp and mould.

Does Awaab’s Law apply to private and social tenants?

Yes, the Scottish regulations cover both social and private landlords, although the detailed legal routes and some of the consequences differ between the two sectors.

The precise scope depends on the type of accommodation and tenancy. Tenants should check the Scottish Government guidance if they are unsure whether their particular home is covered, especially where they live in supported or temporary accommodation or have a licence rather than a standard tenancy.

Does Awaab’s Law apply across the UK?

No. This article covers the Scottish regulations, which are specific to Scotland. Awaab’s Law arrangements also exist in England, but the Scottish rules are based on Scottish legislation and have their own scope, duties and timescales.

What remains unchanged?

The new rules do not replace the wider legal duties that landlords already have to provide homes that meet the relevant housing and repairing standards.

Awaab’s Law adds a clearer statutory process and timescales for dealing with damp and mould. It does not mean that damp or mould was previously acceptable simply because these particular deadlines had not yet come into force.

What this means from 6th October

For tenants in relevant Scottish rented homes, the practical change is that reports of damp and mould will be covered by defined statutory timescales. The landlord must investigate within 10 working days, provide a written summary within 3 working days of the investigation finishing and, where substantial damp or mould requiring repair is identified, start the repairs within 5 working days.

Social landlords also have a maximum 20-working-day completion period from the start of the relevant repair, while private landlords must complete the repair as soon as reasonably practicable.

What if you are unhappy with the investigation?

If you do not agree with what the landlord has found or the action proposed, the Scottish Government guidance explains that tenants can raise the matter with their landlord and use the relevant complaints or enforcement routes available to them. The correct route depends on the type of tenancy and the circumstances.

Information checked

This article was checked against the Scottish Government’s Awaab’s Law guidance for tenants and landlords and the Investigation and Commencement of Repair (Scotland) Regulations 2026.

Sources: Scottish Government: Awaab’s Law guidance for tenants in Scotland · Scottish Government: Awaab’s Law guidance for landlords in Scotland · Scottish Government: Housing standards · legislation.gov.uk