In December 2020, two-year-old Awaab Ishak died from a respiratory condition caused by exposure to black mould in the flat his family were living in. His death triggered widespread reform campaigns, and from 6 October 2026, ‘Awaab’s Law’ (the Investigation and Commencement of Repair (Scotland) Regulations 2026) will be in place. It means that landlords in Scotland will have to respond to reports of damp or mould within fixed timescales.
Landlords already have duties to keep rented homes in good repair and to deal with damp and mould. The main difference under the new regulations is that landlords will have specific deadlines to meet when a damp or mould issue is reported.
This article focuses on what the changes mean for private landlords and the practical steps they can take now to prepare. The rules for social landlords are different.
What will private landlords need to do?
The timescales below apply once a landlord becomes aware of a possible damp or mould issue. Where the situation is an emergency or presents a life-threatening risk, the landlord must respond within 24 hours.
Investigate within 10 working days: once a landlord becomes aware of a possible damp or mould issue, a competent person must complete a formal investigation within 10 working days.
- The clock starts when the landlord becomes aware of the potential problem, not when it is formally logged i.e. when the tenant tells the landlord or the landlord becomes aware of a potential issue after a routine inspection.
- A competent person should have the skills and experience needed to assess whether the property is substantially free from damp and mould. The Scottish Government highlights several organisations landlords may find helpful such as the Chartered Institution of Building Services Engineers, the Property Care Association and the Royal Institution of Chartered Surveyors.
Send the tenant a written update within three working days: after the investigation is completed, the landlord must provide the tenant with a written summary of the findings within three working days.
- The summary can be sent electronically provided it is issued within the required period.
Start repair work within five working days: if substantial damp or mould is found, the landlord must start any required repair work within five working days of the investigation.
- Repair works must then be completed within a reasonable period.
Does a landlord have knowledge which may indicate a tenant is more likely to be vulnerable? Some tenants or occupiers may be more vulnerable to the effects of damp or mould. This may include:
- People with pre-existing health conditions;
- Pregnant women;
- Babies, children and young people;
- Older people; and
- People with mobility issues that make it harder to leave the home for fresh air.
Tenants may choose to provide medical evidence, but they are not required to do so, nor are landlords entitled to ask, if information isn’t volunteered. If health information is provided, landlords should take the information at face value and comply with UK General Data Protection Regulation UK (GDPR) and the Data Protection Act 2018, taking account of the special restrictions on the collection and recording of health data.
If the landlord cannot comply with a deadline due to circumstances beyond their control, the tenant must be notified and given a revised deadline.
What should private landlords do now?
The key message is to be prepared to act quickly. Landlords should use the time now to review their procedures, reporting routes and maintenance arrangements.
Regular inspections can help landlords spot early signs of damp or mould and deal with the underlying cause before the problem gets worse.
Landlords should then make it easy for tenants to report concerns, by providing clear contact details and explaining what information tenants should provide when raising an issue.
Landlords should review their maintenance arrangements so that investigations can be booked quickly and carried out by someone suitably qualified.
If a landlord does not comply, a tenant may be able to apply to the First-tier Tribunal. This could result in rent relief or financial penalties, so having clear procedures in place before the new rules take effect will be important.
How we can help
Our team advises private landlords on their legal obligations, including repairing standards, damp and mould issues and disputes with tenants.
If you have any queries about Awaab’s Law, your responsibilities as a landlord or how to prepare for the new requirements, please contact a member of our team.