Awaab's Law: government response

To: Professor Russel Griggs OBE, Chair, Regulatory Review Group
From: Màiri McAllan, Cabinet Secretary for Housing
Sent: 14 May 2026

Thank you for your letter of 20 March in which the Regulatory Review Group (RRG) provide valuable points for consideration as the Scottish Government progress’ with the introduction of Awaab’s Law in Scotland, starting with tackling damp and mould. I am grateful to the RRG for your insight and expertise on this important matter. Please accept my sincere apologies for the delay in response.

The Investigation and Commencement of Repair (Scotland) Regulations 2026 received parliamentary approval on 18 March which, as you note, will provide vital protections for tenants regarding damp and mould. My officials are now working in collaboration with stakeholders to produce guidance in advance of the regulations coming into force on 6 October 2026, and I would like to offer my observations of how your recommendations will form a key part of this development process.

As I previously set out in my letter of 6 January, I am acutely aware of the need to minimise any complexity or additional burden on tenants and landlords as we progress implementation of the Housing Act (Scotland) 2025 and other necessary action across the sector.

The new Awaab’s Law duties were designed to be proportionate and achievable, balancing the needs of tenants and landlords, whilst driving action to tackle damp and mould. While ensuring sufficient time for the sector to prepare, commencement in October 2026 will also align with other, related changes being introduced by the Housing Act.

Regarding engagement and communications, I absolutely agree that guidance on Awaab’s Law will be critical to ensuring that tenants and landlords understand their responsibilities and support their understanding and assessment of damp and mould. My officials have already begun engagement with stakeholders representing tenants, social landlords, private landlords, local authorities and more to seek their input into the guidance. This includes where we can build upon the good practice already in the sector, and I foresee the inclusion of case studies in the guidance to further illustrate key points. My officials will give further consideration as to how small landlords, who make up the majority of Scotland’s private rented sector, can be engaged in this process. We have already commenced discussions with a key advice-giving charity who have agreed to hold four online events before the introduction of Awaab’s Law in October. A similar event in 2025 was attended by over 500 landlords, tenants, and stakeholder organisations.

My officials met recently with the British Standards Institute to explore the potential to include details of relevant standards in the published Guidance.

I trust you find this information useful, and I am happy to commit to my officials returning to the Group to update you on progress with the guidance over the summer months.