The Scottish Government has announced its intention to introduce amendments to the Housing (Scotland) Bill ("the Bill") which will empower ministers to make appropriate regulations to extend Awaab's Law to Scotland.
Awaab's Law is named after two-year old Awaab Ishak who died in 2020 following prolonged exposure to damp and mould in his home in 2020. The law seeks to hold landlords accountable for addressing damp and mould issues promptly and to safeguard tenants from the detrimental effects of substandard living conditions. Social housing landlords will be required to investigate and repair hazards within specified time periods and social tenants will be provided with a framework to hold their landlords accountable for such issues. Tenants will also be able seek legal recourse where landlord's fail to comply.
The Bill is currently making its way through stage 2 in the Scottish Parliament and will be completed by 29 May 2025. No timeframe has been indicated as to when Awaab's Law will come into effect.
Awaab's Law is already set to be introduced in England from October 2025, where social landlords will be obliged to address damp and mould hazards that present a risk of significant harm to tenants. Social landlords will require to fix these issues within set timescales and address all emergency repairs as soon as possible, and within 24 hours. It is not yet known how the Scottish Government intends to extend the provisions in the Bill to implement Awaab's Law in Scotland.
Currently, social landlords in Scotland are under an obligation to meet the Scottish Housing Quality Standard which requires housing to be free from rising or penetrating damp, to have satisfactory ventilation and meet minimum energy efficiency standards. Social landlord's compliance with this is managed by the Scottish Housing Regulator. It is expected that Awaab's Law will also be rolled out to the private rented sector in due course.
If you are a social landlord and have any queries about how the introduction of Awaab's Law will impact you, or for social housing support more generally, please get in touch with Fiona McLeod, Kirsty Street, or your usual Brodies contact.
