Awaab’s Law – update on government guidance

The Investigation and Commencement of Repair (Scotland) Regulations 2026 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.
• Produce a written summary of investigation findings and provide this to the tenant or their representative within 3 working days of the investigation concluding.
• If the investigation determines substantial damp or mould, ensure repair work is commenced within 5 working days upon conclusion of the investigation.
• Upon commencement, social landlords must ensure the repair is completed within a maximum period of 20 working days. 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.

The Scottish Government is developing guidance in collaboration with SAL and other stakeholders to help landlords and tenants understand the new Awaab’s Law damp and mould duties. Guidance will be published by the end of summer, with a specific date to be confirmed by the government shortly.

Whilst any final documentation is subject to ministerial approval, the government intends for landlord guidance to cover the topics set out below. Tenant guidance will focus on routes to reporting and escalation, as well as landlord and tenant responsibilities.

• 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 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. 

SAL will share the government guidance with members as soon as it is published.