Awaab's Law in Scotland: damp and mould duties from October 2026

The Scottish Government has issued official guidance under the Investigation and Commencement of Repair (Scotland) Regulations 2026 outlining a strict set timeline for addressing damp and mould hazards. 

For landlords, understanding these obligations now, well ahead of the October 2026 commencement date, is essential. Not complying can lead to regulatory scrutiny, tenant disputes, and reputational damage. For tenants, the new rules offer welcome reassurance that damp and mould reports will be taken seriously and acted on within defined timeframes. This article will explain the new legislation and the responsibilities of both tenants and landlords.  

What is Awaab’s Law in Scotland? 

In 2020, two-year-old Awaab Ishak died from a respiratory condition caused by prolonged exposure to damp and mould in his family’s social housing flat in Rochdale. His death led to a coroner’s report that exposed how slowly housing providers were responding to reports of damp and mould, and how devastating the consequences of that delay can be. The tragedy prompted a change in the law in England, and now Scotland is following suit. 

From 6 October 2026, the Investigation and Commencement of Repair (Scotland) Regulations 2026 will place strict legal duties on landlords to investigate and act on reports of damp and mould within fixed timescales. Unlike the English version of Awaab’s Law, which came into force on 27 October 2025 and initially applied only to social housing, Scotland’s regulations will cover both social and private rented tenancies from day one.  

Essentially, the new legalisation is about closing the gap between a tenant reporting a problem and a landlord acting on it. 

What are the key timescales under Awaab’s Law? 

The regulations set out three core timescales that landlords must follow once a tenant reports damp or mould: 

• Investigation: Landlords must investigate a report of damp or mould within 10 working days 

• Written summary: A written summary of the investigation findings must be provided to the tenant within 3 working days of the investigation concluding 

• Commencement of repairs: If the investigation identifies substantial damp or mould, landlords must commence any necessary repairs within 5 working days 

These timescales are designed to prevent the kind of delays that can allow damp and mould to escalate into a serious health hazard. Importantly, the clock starts from the moment the landlord receives the report from the tenant, not from when they get around to reading it or scheduling an inspection.  

What are landlords’ responsibilities under the new regulations? 

Landlords in Scotland already carry statutory obligations to keep rented homes safe and in good repair. Awaab’s Law adds more specific duties where damp and mould are concerned. To meet the new requirements, landlords should: 

• Respond promptly to any tenant report of damp or mould and begin the investigation within ten working days 

• Communicate findings and actions to the tenant in writing within three working days of the investigation concluding 

• Act on substantial cases by starting any necessary repairs within five working days 

• Maintain records by keeping a thorough paper trail of all communications and actions to use as future evidence if needed

• Apply professional judgement, since the Scottish Government’s guidance is not exhaustive and every case of damp and mould is unique 

• Seek specialist support where needed to properly assess and address the issue 

Please note: The £350 compensation cap that currently applies under the Right to Repair Scheme does not apply to damp and mould duties under Awaab’s Law.  

For more information on landlord responsibilities, read the Scottish Government’s guidance for landlords on Awaab’s Law. 

What are tenants’ responsibilities under Awaab’s Law? 

It’s important that tenants report issues clearly and promptly, as the legal timescales only start once a landlord has received a report. Which means delaying a complaint or reporting it informally in a way that might not be logged, can delay protections these regulations are designed to offer. 

Tenants should: 

• Report damp or mould as soon as it’s noticed, ideally in writing (email or a written message through a landlord’s portal), so there’s a clear record of when the report was made 

• Keep a copy of any correspondence, including photos of the affected area and dates of communication with the landlord 

• Check their tenancy type if they’re unsure, since the regulations apply differently depending on whether a tenancy is social or private rented. Shelter Scotland’s tenancy checker can help confirm this 

• Know what to expect at each stage, so they can identify if a landlord is falling behind on the investigation, summary, or repair deadlines 

For more information on tenant responsibilities, read the Scottish Government’s guidance for tenants on the Awaab’s Law. 

How is Awaab’s Law enforced in Scotland? 

If a landlord fails to meet the required timescales for investigating or starting a repair, tenants have the right to claim compensation.  

Landlords who fail to comply within the 10 working day deadline will be charged £15, with an additional £3 added for each working day until the repair is completed. However, compensation is capped at £100 per repair. 

Tenants can also escalate the issue to the First-tier Tribunal for Scotland, which has the power to order the landlord to carry out the necessary repairs. 

How to prepare now 

With the regulations coming into force on 6 October 2026, there is still time for landlords and tenants to get ready. 

Landlords should review their current repairs processes against the new timescales, identify any gaps in how quickly reports are logged and investigated, and check that contractor arrangements can support a five-working-day turnaround for damp and mould repairs. They should also clarify each tenant’s preferred communication channel, whether that is the portal mentioned above, email, text message or another agreed method, so updates and written summaries are sent in a way the tenant can access. Getting staff familiar with the written summary requirement well before the deadline will also help. 

Tenants should get into the habit of reporting problems in writing and keeping a record of any communication with their landlord, so there is a clear paper trail if a dispute arises. 

The Scottish Government has published guidance for both landlords and tenants on how these regulations will work. Reading through this guidance before October 2026 will help both sides understand their rights and responsibilities ahead of the new rules coming into force.