Awaab’s law update

Regulations to protect tenants from damp and mould were approved by the Scottish Parliament at the end of March. The Investigation and Commencement of Repair (Scotland) Regulations 2026 will come into force on 6 October 2026 and will introduce new duties on landlords to investigate reports of damp and mould and start any repairs needed within a set timescale.

This is the first set of regulations for the implementation of Awaab’s Law, named after two-year-old Awaab Ishak who died in 2020 from a respiratory condition caused by mould in his family’s housing association flat in England.

Landlords in Scotland are already required under the Repairing and Tolerable Standards to repair damp and mould problems in their properties. What this new law will do is introduce clear timescales in which they must do this. For details of these timescales, go to https://scottishlandlords.com/news-and-campaigns/news/awaabs-law-duties-set-to-commence-in-october-2026/.

If a landlord is unable to adhere to the required timescales then they must set out in writing to the tenant the reasons why and the expected timescale in which they will comply.

In instances where damp and/or mould is not a result of a building defect, landlords would be expected to work with tenants to signpost them to appropriate advice and guidance.

The Scottish Government is now working with SAL and other stakeholder organisations to develop guidance for landlords and tenants on these new duties. The government is expected to publish this guidance in late summer and we will share it with members as soon as it is available.

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