Awaab's Law: Guidance for landlords in Scotland

4. Investigation process

4.1 Once a landlord becomes aware that a home may be affected by damp or mould, an investigation must be conducted within 10 working days by a competent person. This is a person the landlord deems to have the necessary skills and expertise to determine whether the home is substantially free from damp and mould and whether any repair work is necessary. Whilst no specific qualifications are required, landlords may wish to consider whether the person has:

• Experience of inspecting or treating damp or mould within properties.
• Background in building surveying, housing maintenance, environmental health, construction, property inspection or related fields.
• Sufficient understanding of Scotland’s housing standards framework.

Example:

Whilst the Scottish Government does not endorse or recommend particular organisations, firms or consultants, there are various independent sources that landlords may wish to review. The organisations below are provided as examples of sources of information, professional networks and directories that landlords may find helpful.

Chartered Institution of Building Services Engineers (CIBSE) – a chartered professional body for building services engineers, with a wide range of members across the UK. Its website includes directories of member practices and continuing professional development (CPD) providers: CIBSE Directories and Registers

The Property Care Association (PCA) – a trade association representing specialist sectors of the built environment. A searchable directory of PCA members is available on its website: Property Care Association | Supporting Home & Land Owners

The Royal Institution of Chartered Surveyors (RICS) – a chartered professional body for surveyors and other property and construction professionals. Its website includes the ‘Find a Surveyor’ tool: Surveyors in United Kingdom - RICS Find a Surveyor

Other resources are also available, with many organisations providing training, events and guides. This includes “Putting safety first: a briefing note on damp and mould for social housing practitioners in Scotland”, produced jointly by the Association of Local Authority Chief Housing Officers, Chartered Institute of Housing Scotland, the Scottish Federation of Housing Associations and the Scottish Housing Regulator.

4.2 This is not a prerequisite for determining a competent person. Landlords should consider the specific circumstances and the nature of the case reported.

Conducting an investigation

4.3 Investigations should be conducted in person unless an alternative method is justified. In-person investigations enable investigators to directly observe issues that may be missed or misrepresented via photography or self-reporting, and to examine external factors that may be resulting in damp or mould.

4.4 There may be circumstances in which a remote investigation is determined to be appropriate, such as at a tenant’s request or when sufficient information has been provided to allow for an adequate assessment of whether the home is substantially free from damp and mould. However, landlords should be mindful of the limitations of remote investigations and maintain clear records of their decision making.

4.5 If damp or mould is present, the investigation must identify whether the home is substantially free from damp and mould. If not, the investigation must determine what repair work is required. This should consider the root cause of the issue.

4.6 An investigation is only classed as complete when an assessment is made as to whether the home is substantially free from damp and mould, and where substantial damp or mould is identified, whether any repair work is required.

4.7 Landlords may wish to triage reports of damp or mould to establish potential severity and whether specialist intervention may be necessary. However, this does not replace the duty or the timescales for investigation.

Complex investigations

4.8 It may not always be possible to determine the cause of the damp or mould and any necessary action to take within a single visit. Damp and mould can be multifaceted, with many factors influencing their growth. Multiple visits or specialist intervention may be required which may not be possible within 10 working days.

4.9 In such instances, this may be considered as Exceptional Circumstances as outlined in chapter 2 and the procedure outlined in that chapter should be applied. Initial findings should be provided, where possible.

4.10 In the meantime, the landlord must ensure that reasonable steps are taken where practicable to minimise the extent to which the home is affected by damp or mould.

Example:

Day 0 – A tenant reports mould growth in the kitchen area. With agreement from the tenant, the social landlord arranges an in-house maintenance expert (investigator A) to visit the property three working days later to investigate.

Day 3 – Upon initial inspection, investigator A finds the extractor fan to be broken, signs of poor ventilation and potential water ingress behind the walls. A further inspection is deemed necessary to explore the potential case of hidden damp.

Day 4 – The social landlord contacts a building surveyor (investigator B) to organise a further inspection; however, the building surveyor is unable to visit the property until two weeks later. As this will take the investigation beyond the 10-working day timescale due to circumstances beyond the social landlord’s control, the landlord writes to the tenant to explain that the 10-working day timescale cannot be met due to delays in securing a surveyor and provides a revised timeframe for when Investigator B will visit. An in-house maintenance officer carries out a mould wash while the investigation is ongoing.

Day 13 – Investigator B finds identifies hidden damp resulting from a crack in the external wall.

Day 15 – The social landlord issues a written summary of investigator A and B ‘s findings to the tenant two working days later, confirming the presence of substantial damp and mould, the causes and the next steps.

Subsequent reports of damp or mould

4.11 Landlords have a duty to ensure that as far as reasonably practicable, the home will continue to be substantially free from damp and mould. This means that the root cause of the damp or mould should be addressed, as far as reasonably practicable. This will help to prevent continuing issues. The root cause of the damp or mould should be established in the investigation.

4.12 If the landlord is notified or becomes aware that the damp or mould has significantly changed since the time of the original investigation, such as the damp or mould spreading, a new investigation is required. The same timescales and processes under Awaab’s Law will apply.

4.13 If a tenant disagrees with the outcome of an investigation, they should raise this with their landlord in the first instance. Whilst landlords are not required to re-investigate issues that have already been investigated and where circumstances have not significantly changed, they should ensure they have clear records of their decision making and communicate this to the tenant.

Access

4.14 Landlords should work with tenants to agree a suitable time to enter the property for the purposes of inspection and repair, considering landlord and tenants needs, and work collaboratively to overcome any barriers. This could include working with a representative or advice services and making contact through a variety of methods like email, telephone and letter, or explaining the importance of gaining access. Landlords have rights of entry to view the condition of the house and carry out work for the purposes of complying with the Repairing Standard and Right to Repair scheme. Landlords may also apply to the Sheriff for a warrant to enter if required.

4.15 Landlords should provide adequate notice prior to entering the property in line with the tenancy agreement. If a tenant is unwilling or unable to permit entry, the landlord will not be found in breach of Awaab’s Law provided they have made reasonable attempts to comply. See chapter 2.