Awaab's Law: Guidance for landlords in Scotland

2. Scope

2.1 The Investigation and Commencement of Repair (Scotland) Regulations 2026 apply to all accommodation in Scotland that falls under the Right to Repair Scheme or the Repairing Standard.

2.2 The Right to Repair Scheme applies to accommodation provided under a Scottish secure tenancy or short Scottish secure tenancy.

2.3 The Repairing Standard applies to any tenancy of a house let for human habitation except the tenancies specified in section 12(1) of the Housing (Scotland) Act 2006. Occupancy arrangements or agreements are not classed as tenancies and so are not caught by the Repairing Standard. Mobile homes are not classed as houses and are not therefore caught by the Repairing Standard – however, similar protections are afforded to Gypsy/Traveller site accommodation through the Minimum Standards. See Annex A.

2.4 The obligations apply if the damp or mould is part of buildings for which the landlord is responsible, and the repair is the responsibility of the landlord.

Requirements

2.5 From 6 October 2026, social and private landlords must:

• Ensure that a competent person investigates reports of damp or mould within10 working days of becoming aware of them.
• Produce a written summary of investigation findings and provide this to the tenant or their representative within3 working days of the investigation concluding.
• If the investigation determines substantial damp or mould, the landlord must ensure repair work is commencedwithin 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.

2.6 The timelines set by the 2026 Regulations are the maximum statutory timelines in which landlords must act once they are notified of damp or mould. Landlords should continue to ensure that repair work is undertaken as quickly as possible. In instances where legislation requires a quicker response, the quicker timeframe must be adhered to. For example, if substantial damp and mould is a result of a significant leak in a social tenancy, as per the Right to Repair Scheme, social landlords must complete the qualifying repair to rectify the leak within 1 working day. Further work to ensure the home is safe from damp and mould would still be required and would fall within the Awaab’s Law timescales above.

2.7 Landlords must ensure that the investigation is carried out by a competent person. This means a person who, in the reasonable opinion of the landlord, has the skills and experience necessary to determine whether the house is substantially free from damp and mould, and if not, whether any repair work is required. Further guidance on the investigation process is outlined in chapter 4.

Awaab’s Law Process

Step 1: Awareness

• Day 0: Landlord becomes aware of damp / mould

Step 2: Investigate

• Complete an investigation within 10 working days

Step 3: Written summary

• Produce a written summary of investigation findings within 3 working days of investigation concluding

Step 4: Assessment

• Home is not substantially free from damp/ mould: continue steps
• Home is substantially free: no further work required under Awaab's Law

Step 5: Commence repairs

• Commence repairs within 5 working days of investigation concluding

Step 6: Complete repairs

• Social landlords complete repairs within 10 working days
• Private landlords complete repairs as soon as possible

Step 7: Preventative measures

• Ensure the home continues to be substantially free from damp / mould, as far as reasonably practicable

Exceptional circumstances

2.8 If a landlord is unable to comply with the timescales outlined in paragraph 2.5 due to circumstances beyond their control, they must notify the tenant confirming:

• the specific duty that they are unable to comply with and the reason(s) why they are unable to comply; and,
• A revised timeframe in which they will be able to comply with the duty.

2.9 The notification should be sent using the usual method of communication between the landlord and the tenant. Landlords must also ensure they account for their tenants’ needs, in line with the Equality Act 2010. This could include providing information in another language, using large print and more.

2.10 In addition to notifying the tenant, the landlord must ensure that, until they are able to comply with the duty, reasonable steps are taken where practicable to minimise the extent to which the house is affected by damp or mould.

2.11 The reasonable steps taken will depend on the particular circumstances and the information available at the time. These steps may include temporary repairs like mould removal, temporary extractor fans or temporary sealants for leaks where identified and safe to do so. They may also include other interim measures such as monitoring the situation where further investigation is necessary.

2.12 Examples of circumstances that may be beyond the control of a landlord include (but are not limited to):

• Severe weather or travel barriers that prevent safe or timely access.
• Illness and bereavement, applicable to both landlords and tenants.
• Unexpected contractor or supply chain barriers.
• Unable to access a property despite reasonable attempts made.
• Unforeseen delays in seeking approvals and/or permissions from external bodies.

2.13 If a landlord anticipates being unavailable for a prolonged period of time, they should look to make alternative arrangements to comply with the duties.

Example:

Tenant A contacts their landlord (Landlord A) to report large patches of mould on their living room ceiling and a strong, musty smell.

Landlord A reviews the report the following day and contacts several damp and mould specialists to arrange an inspection. Due to an unexpected shortage of specialist contractors in the local area, no contractors are available to attend within 10 working days.

Landlord A writes to Tenant A explaining that they are unable to meet the 10-working-day investigation timescale due to contractor availability issues beyond their control. The landlord explains the steps taken and confirms that the earliest available appointment is in 20 working days. The tenant agrees to be available on this date.

The landlord organises the appointment and agrees to contact the tenant regularly and review the situation if the condition of the property worsens before the inspection.

Record keeping

2.14 Landlords can delay compliance with Awaab’s Law duties if they can prove that, due to circumstances beyond their control, they were unable to comply [see ‘Exceptional circumstances’].

2.15 If a tenant raises a complaint against their landlord for breaching Awaab’s Law duties, landlords will need to provide evidence of their compliance or evidence of why failure to comply was beyond their control. Landlords are therefore encouraged to retain clear records of all attempts to comply with Awaab’s Law duties.

2.16 Landlords must also continue to ensure they adhere to the UK General Data Protection Regulation UK (GDPR) and the Data Protection Act 2018 as necessary.