Awaab's Law - Guidance for tenants in Scotland

Step 3: Understanding what happens next

Once your landlord has sent you the written summary, they must start repair work to make your home safe within five working days after the investigation has been completed. The action they will take will be outlined in the written summary.

If you rent from a council or housing association, your landlord must complete this repair work within 20 working days. Private landlords do not have the same timescale as they often rely on contractors, but they must complete the repair work as soon as they can.

Your landlord also has a duty to ensure that your home continues to be substantially free from damp and mould. This means they may have to do further repairs. This must be completed as soon as possible. This may include sending you some advice, for example advice on ventilation strategies.

If you disagree with an outcome

If you disagree with your landlord’s findings, you should contact them and explain why you disagree. Your landlord will consider any new information provided and whether a new investigation is required. If a new investigation is required, the timescales under Awaab’s Law will begin again.

If the issue is out with scope of Awaab’s Law or if there is no further action that a landlord can reasonably take, they should tell you this. It is the responsibility of your landlord to keep a clear record of their assessment and decision making.

If your landlord fails to comply

If your landlord doesn’t comply with Awaab’s Law, even after you have raised a formal complaint, there are a number of steps you can take.

If you rent from a housing association or local authority:

• you may be entitled to compensation under the Right to Repair Scheme (up to a maximum of £100.)
• you can also complain to the Scottish Public Sector Ombudsman (SPSO) who will then decide whether to investigate further. You can write to the SPSO at Freepost SPSO (this is all that is needed and there is no need for a stamp). The SPSO can also be contacted via their website www.spso.org.uk or by telephone on 0800 377 7330.

If you rent from a private landlord:

• you have the right to refer the matter to the First-Tier Tribunal for Scotland (Housing and Property Chamber) for a determination. They can order your landlord to carry out the necessary repairs. More information is available on their website: Repairs | Housing and Property Chamber
• in some instances, you may wish to contact your local authority’s private renting or environmental health team.

There are several organisations who can also provide you general advice on housing repairs and issues. For example:

• Shelter Scotland – You can contact Shelter via telephone at 0808 800 4444 or find out more information online Repairs in your home - Shelter Scotland.
• Citizens Advice Scotland (CAS) - You can contact CAS via telephone at 0800 028 1456 or find your nearest Citizens Advice Bureau online at Free, impartial and confidential advice for everyone | Citizens Advice Scotland.
• Independent Advocacy can help people understand their rights and express their views. Further information is available online: Home - Scottish Independent Advocacy Alliance.

However, only your landlord is responsible for complying with Awaab’s Law and the associated timescales.

If the issue re-occurs

Your landlord will try to tackle the root cause of the issue as part of the repair work; however, damp and mould can be complex.

If you notice an issue re-appearing, contact your landlord as soon as you can. A new investigation will likely be required.