Awaab's Law: Guidance for landlords in Scotland
This guidance is intended to assist social and private landlords to comply with
their duties under the Investigation and Commencement of Repair (Scotland) Regulations 2026 which come into force on 6 October 2026.
7. Enforcement
7.1 Landlords and tenants should seek to resolve any issues through the landlord’s formal complaints process in the first instance. Landlords should therefore seek to provide clear communications on the best way tenants can raise concerns.
7.2 If landlords and tenants cannot resolve the issue directly between themselves, escalation routes are available through the existing mechanisms in the Right to Repair Scheme for social tenants and Repairing Standard for private tenants.
Right to Repair Scheme – Social Tenants
7.3 If the landlord does not meet the Awaab’s Law timescales for investigation or commencement of the repair, the tenant can claim compensation from the landlord that can amount to an initial sum of £15, and then another £3 compensation for each working day until the repair has been completed.
7.4 The maximum amount of compensation payable by the landlord under this mechanism is £100 for any one repair.
7.5 The current £350 cap within the Right to Repair Scheme, as per the Scottish Secure Tenants (Right to Repair) Regulations 2002, does not apply to the duties to repair damp and mould.
Repairing Standard – Private Tenants
7.6 Where a tenant believes the Repairing Standard is not being met in the house they rent from a private landlord, they can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) (“FTT”) for a determination. Where the FTT considers whether repairs have been completed within a reasonable time they will consider whether the landlord has complied with the Awaab’s Law timescales.
7.7 The FTT will consider a case and, where deemed appropriate, will enforce repairs by issuing the private landlord with a Repairing Standard Enforcement Order (“RSEO”). It is a criminal offence to fail to carry out repairs required under an RSEO without reasonable excuse. If the FTT decides there has been a failure to comply with the RSEO, the FTT will send a copy of the failure to comply decision to the local authority, who can decide to carry out work and recover costs from the landlord. If there is a tribunal decision that the private landlord has failed to comply with the RSEO, the tribunal may also issue a Rent Relief Order restricting the rent payable until the RSEO has been complied with. A Rent Relief Order is not retrospective.