Awaab's Law in Scotland: What landlords need to know

From 6 October 2026, landlords in Scotland must act within a fixed timescale when damp or mould is reported in private rented properties.

The regulations, formally known as the Investigation and Commencement of Repair (Scotland) Regulations, introduce clear timescales for investigating issues, communicating with tenants and starting repair works.

The aim is to help ensure rental homes remain safe, healthy and free from serious damp and mould problems.

What is Awaab's Law?

Awaab's Law is a commonly used term for new regulations for dealing with damp and mould in rental properties. These have been introduced following the death of two-year-old Awaab Ishak due to prolonged exposure to mould in his home, highlighting the serious health risks associated with damp and mould.

The new legislation is designed to ensure landlords take prompt action when issues are reported and investigate the underlying causes rather than simply treating the visible symptoms.

What are the new requirements for landlords?

Under the new regulations, landlords must take action when they become aware of a potential damp or mould issue.

1. Investigate within 10 working days

A competent person must be instructed to investigate the reported issue within 10 working days of the landlord becoming aware of it.

2. Put findings in writing within 3 working days

Once the investigation has been completed, a written summary must be provided to the tenant within 3 working days.

3. Start repair work within 5 working days

Where substantial repairs are required, work must begin within 5 working days of the investigation being completed.

4. Complete repairs as soon as possible

Landlords must ensure works are completed as soon as reasonably practicable and take steps to ensure the property is substantially free from damp and mould.

When is a landlord considered “aware” of an issue?

Awareness is not limited to a tenant complaint. A landlord may also be considered aware of a problem if damp or mould is identified during:

• A routine property visit
• A property inspection
• A contractor's visit
• Any other communication highlighting a potential issue

This means landlords should have processes in place to record any concerns raised and respond quickly when necessary.

What is a "competent person"?

The regulations do not specify a particular qualification.

A competent person is someone with sufficient knowledge, skills and experience to assess whether a property is substantially free from damp and mould and determine whether repair work is required.

This could include individuals with experience in:

• Building surveying
• Damp and mould assessment
• Construction and repairs
• Property maintenance

What if issues are caused by condensation?

Landlords should not automatically assume that tenant behaviour is the cause of damp or mould and reject complaints on that basis.

Instead, the issue must be properly investigated to identify the root cause. If tenant behaviour is contributing to the problem, landlords can provide advice and support, but an investigation is still required.

What happens if a landlord does not comply?

If the regulations are not followed, the matter can be considered by the First-tier Tribunal.

Potential outcomes include:

• A Repairing Standard Enforcement Order requiring specific works to be carried out.
• A Rent Relief Order restricting rent payments until the issue has been resolved.

How can landlords prepare?

With the new requirements taking effect from 6 October 2026, landlords should consider:

• Reviewing maintenance and reporting procedures.
• Ensuring inspections can be arranged within the required timescales.
• Keeping comprehensive records of reported issues and actions taken.
• Working with a professional lettings agent to help manage compliance obligations.

Need support managing your property?

Keeping up with legislative changes can be challenging. Our experienced lettings teams can help landlords navigate compliance requirements, coordinate property inspections and support the effective management of maintenance issues.