Awaab's Law: Guidance for landlords in Scotland

6. Repair Work

6.1 Where substantial damp or mould is identified, landlords must commence any repair work within 5 working days after the day in which the investigation is concluded. This could include immediate mould treatment or other temporary remedial work.

6.2 The repair work must ensure that:

• the home is substantially free from damp and mould (i.e. mould spores are safely removed), and
• as far as reasonably practicable, the home continues to be substantially free from damp and mould (i.e. necessary preventative measures are implemented to prevent re-occurrence).

6.3 For social landlords, the repair work to make the home substantially free from damp and mould must be completed within 20 working days from the date the repair work is commenced.

6.4 For private landlords, the repair work must be completed within a reasonable time after the date of the investigation.

6.5 The purpose of the repair work is to ensure the root cause of the issue is sufficiently tackled. For example, a mould wash without any other intervention is unlikely to be considered a suitable repair if it does not ensure the home continues to be substantially free from damp and mould.

Example:

Investigation findings determined the presence of substantial mould in the bathroom due to poor ventilation.

The landlord visits the tenant four working days later to conduct a mould wash and provide guidance on ventilation strategies. This is classed as the repair work commencing. However, recognising the low performance of the existing extractor fan, the landlord also organises for the installation of a higher-capacity fan which is fitted upon delivery two weeks later. This is to ensure the home continues to be substantially free from mould.

6.6 In instances where repair work is unable to be commenced or completed within the above timeframes due to circumstances beyond the control of the landlord, such as lack of contractors or complex structural work, the landlord must adhere to the procedure outlined in Exceptional Circumstances.

6.7 The duty to ensure the home continues to be substantially free from damp and mould only relates to the original damp or mould that was investigated. If the landlord becomes aware that the damp or mould has significantly changed or there is damp or mould in a new location, a new investigation is required and the timescales under Awaab’s Law would start at the beginning.

6.8 If an issue reoccurs, landlords should consider whether the root cause has been sufficiently addressed and whether a further investigation may be necessary. Following review, if there is no further action that a landlord can reasonably take, they should communicate this to the tenant and keep a clear record of their assessment and decision making.

Where no repair work is required

6.9 If no substantial damp or mould is identified or if the issue is out with the landlord’s responsibilities, no further work is required under Awaab’s Law. However, landlords should continue to consider their other statutory duties in relation to housing standards where appropriate to prevent escalating issues.

Example:

There are various sources of information which detail approaches to reducing and prevention of damp and mould within property. For example, the World Health Organisation (2009) guidelines for indoor air quality: dampness and mould, identify key methods for preventing moisture in buildings, including practical methods for new-builds and existing properties. This includes building construction, ventilation, heating, refurbishment measures and more. WHO guidelines for indoor air quality: dampness and mould