Awaab's Law: Guidance for landlords in Scotland

1. Introduction

1.1 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.

Context

1.2 Damp and mould can have a significant impact on people’s physical and mental health, and certain individuals may be particularly vulnerable to their effects.

1.3 The Scottish Government committed to introducing “Awaab’s law” – named in memory of two-year-old Awaab Ishak who died as a result of a severe respiratory condition due to prolonged exposure to mould in his home in England.

1.4 The Investigation and Commencement of Repair (Scotland) Regulations 2026 (“2026 Regulations”) introduces duties to investigate and commence repairs related to damp or mould in Scotland. The 2026 Regulations sets clear timescales for investigating a report of damp or mould and commencing any required repairs.

1.5 This builds upon landlords existing statutory duties under the legislative framework, including but not limited to:

• Housing (Scotland) Act 1987
• Housing (Scotland) Act 2001
• Housing (Scotland) Act 2006
• The Scottish Secure Tenants (Right to Repair) Regulations 2002
• Housing (Scotland) Act 2010

1.6 It is important that landlords and tenants work collaboratively and update each another on advancements. Tenants should raise concerns with their landlords as soon as possible, and landlords should look to respond promptly and compassionately, working together to rectify the problem.

Purpose and status of guidance

1.7 This guidance is intended to assist social and private landlords to comply with their duties under the 2026 Regulations. In determining whether a house meets the standards of repair under the Repairing Standard, private landlords must have regard to this guidance. There is no statutory requirement for social landlords to have regard to this guidance under the Right to Repair Scheme. The Scottish Housing Regulator will have due regard to this guidance when it is monitoring, assessing and reporting on landlord’s performance. The guidance will also be of use to tenants as a point of reference and others who have a role in the renting, repairs and compliance process.

1.8 This guidance is not exhaustive. Every case of damp and mould is unique, and landlords are required to apply their own judgment based on individual cases - seeking specialist support as necessary and ensuring compliance with the regulations themselves.

• Chapter 2 outlines the scope and key legislative requirements of Awaab’s Law.
• Chapter 3 defines damp and mould and aims to support investigators in their assessment of substantial damp and mould.
• Chapters 4 and 5 provide an overview of the investigation and written summary processes.
• Chapter 6 details considerations for making a home safe, including considerations for when no repair is required.
• Chapter 7 concludes with an overview of the enforcement processes.

1.9 Case studies and graphics have been provided for illustrative purposes only.^[1]