Awaab’s Law government guidance published
The Investigation and Commencement of Repair (Scotland) Regulations 2026, commonly referred to as “Awaab’s Law”, will come into force on 6 October 2026. From this date, social and private landlords in Scotland will be required to investigate reports of damp or mould and commence any required repairs within set timescales, unless there are circumstances beyond the landlord’s control. Landlords must:
- Ensure that a competent person investigates reports of damp or mould within 10 working days of becoming aware of them. A competent person 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.
- Produce a written summary of investigation findings and issue this to the tenant or their representative within 3 working days of the investigation concluding. 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, ensure repair work is commenced within 5 working days upon conclusion of the investigation.
- Upon commencement, 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 timescale in which they will comply.
The Scottish Government has now published guidance for landlords and tenants on the new duties which can be found by clicking on the links below.
Landlord guidance (easy read version)
Tenant guidance (easy read version)
SAL recommends that all landlords and letting agents read the landlord guidance in full to ensure that they are familiar with the procedure they should follow if a damp, mould or condensation problem is identified at a property they own or manage.
The guidance covers:
- The scope of the regulations, including timescales for investigating damp or mould, producing a written summary and commencing necessary repairs.
- Examples of exceptional circumstances beyond the control of landlords which may impact their ability to meet timeframes, and which they will not be penalised for e.g. supply chain, contractor, or access issues.
- Information on the types of damp, their potential causes and indicators, alongside additional guidance to assess whether a home is substantially free from damp or mould. For example, suggested areas for consideration on the exposure and extent of the damp or mould, tenant vulnerabilities, and the underlying cause of the damp/mould issue.
- Details on the investigation process, including further information of defining a ‘competent person’, and complex investigations.
- Details on what is required in a written summary, with an example and blank template provided.
- Further clarity on the timescales for making a home safe and guidance on when an issue is out of scope of Awaab’s Law.
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. This exemption can be found in clause 16(1)(b)(i) of the Housing (Scotland) Act 2006 under which the Awaab’s Law duties have been introduced. 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 a 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.
SAL’s factsheet on damp, mould and condensation has been updated to incorporate information on Awaab’s Law. The factsheet can be found here (SAL members need to log in to the website before clicking on this link). The factsheet includes guidance for tenants on managing condensation.
