Dealing with damp, mould and condensation – Awaab’s Law
Article by Caroline Elgar, SAL policy manager, for Citylets Quarterly Report Q3 2026 – Issue 79.
On 6 October 2026 the Investigation and Commencement of Repair (Scotland) Regulations 2026, commonly referred to as “Awaab’s Law”, came into force introducing clear timescales in which landlords should act to repair damp and mould problems.
Landlords in Scotland have long been required under the Repairing and Tolerable Standards to repair property defects causing damp and mould problems in their properties. What Awaab’s Law does is introduce clear timescales in which they must do this.
Once a landlord becomes aware of a damp/mould issue they must:
- Complete an investigation into the issue within 10 working days. The investigation must be carried out by a competent person. This means a person who, in the reasonable opinion of the landlord, has the skills and experience necessary to determine whether the home is substantially free from damp and mould, and if not, whether any repair work is required. This could be the landlord themselves if they have the necessary skills and experience but would more commonly be a surveyor or damp specialist.
- Following the completion of the investigation, the landlord must issue a written summary of the results of the investigation to the tenant within 3 working days. The timescale of 3 working days relates to when the summary is issued, rather than when the tenant receives the information.
- If the investigation determines substantial damp or mould, the landlord must ensure repair work is commenced within 5 working days of the completion of the investigation.
- Private landlords must ensure the repair is completed as soon as reasonably practicable.
- Ensure the house will continue to be substantially free from damp and mould, as far as reasonably practicable.
If a landlord is unable to adhere to these timescales, then they must set out in writing to the tenant the reasons why and the expected timeframe in which they will comply.
Landlords have a legal exemption from Repairing Standard and Awaab’s Law duties where damage to the house has been caused by the tenant not using the house in a proper manner, such as not properly using the heating and ventilation systems. However, landlords must not make assumptions that reports of damp or mould are caused by tenant behaviour. For example, landlords must not dismiss or fail to investigate a report on the assumption that the problem is condensation attributable to tenant behaviour. In instances where an investigation establishes that the problem is not the result of a building defect, landlords should report those findings to the tenant and work with tenants to signpost them to appropriate advice and guidance.
Detailed Scottish Government guidance on damp, mould and condensation and compliance with Awaab’s Law can be found here.
The full Citylets Quarterly Report (Q3) can be viewed online here.
Members can access the SAL factsheet on damp, mould & condensation online here.
Please note you will need to be logged on as a member to the SAL website to view and download the factsheet.
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