Scottish Government publishes guidance on Awaab’s Law

The Scottish Government has published landlord and tenant guidance ahead of the Investigation and Commencement of Repair (Scotland) Regulations 2026, commonly known as Awaab’s Law, coming into force on 6 October 2026. The guidance explains the new duties on Scottish landlords to investigate damp and mould, start repairs within prescribed timescales and take steps to keep homes substantially free from damp and mould.

Background

Awaab’s Law was introduced in England after two-year-old Awaab Ishak died in 2020 following prolonged exposure to damp and mould in his home. It aims to hold landlords accountable for addressing damp and mould promptly and protecting tenants from substandard living conditions. The Scottish Government will introduce Awaab’s Law in Scotland through the Investigation and Commencement of Repair (Scotland) Regulations 2026 (“the 2026 Regulations”), which come into force on 6 October 2026.

The Scottish Government has published guidance to help landlords comply with the 2026 Regulations, along with separate tenant guidance summarising tenants’ rights.

The 2026 Regulations set prescribed timescales for investigating damp and mould and commencing related repairs. Landlords must act within those timescales and ensure properties are, and remain, “substantially free from damp and mould”.

Although the obligations on private and social landlords differ slightly, the core duties are broadly the same. Where a landlord is notified by a tenant, or otherwise becomes aware, that a property is or may be affected by damp or mould, the landlord must:

• Complete an investigation, conducted by a competent person, within 10 working days;
• Provide the tenant with a written summary of the investigation within 3 working days; and
• If substantial damp or mould is identified, ensure repair work is commenced within 5 working days of the investigation concluding.

For social landlords, there is the added requirement that the repair is completed within a maximum period of 20 working days. Private landlords must ensure the repair is completed as soon as reasonably practicable. The works must, so far as reasonably practicable, ensure the property remains substantially free from damp and mould.

Landlords must investigate once they become aware of a damp or mould issue. Awareness is not limited to tenant reports and may arise from routine inspections, unrelated repair visits, third-party notifications, or concerns raised by tenants or others on their behalf.

The investigation must be carried out by a “competent person” which is defined in the 2026 Regulations as someone who, in the landlord’s reasonable opinion, has the skills and experience to assess whether the property is substantially free from damp and mould and whether repairs are needed. The guidance advances on this definition by providing that no specific qualifications are required, but relevant experience, professional background and knowledge of Scotland’s housing standards framework should be considered.

“Substantially free”

The 2026 Regulations provide that any works carried out by a landlord to address damp and mould should ensure the property:

1. Is substantially free from damp and mould, and
2. So far as reasonably practicable, will continue to be substantially free from damp and mould.

The guidance does not define “substantially free”. Instead, it sets out a framework for investigators to exercise professional judgment on a case-by-case basis. Investigators are encouraged to consider the exposure, persistence and extent of the damp or mould in the property, whether occupants have a heightened vulnerability to the effects of damp and mould and identify the underlying cause of damp and mould to determine the likelihood of its reoccurrence.

It should be noted that the duty to keep the home “substantially free” from damp and mould applies only to the issue originally investigated. If the landlord becomes aware that the damp or mould has significantly changed, or has appeared in a new location, a fresh investigation is required and the 2026 Regulations’ timescales restart.

Exceptional circumstances

The 2026 Regulations impose strict, short timescales for landlords to address damp and mould. However, landlords need not meet these timescales where circumstances beyond their control prevent compliance, such as severe weather, travel disruption or inability to access the property despite reasonable attempts.

In such cases, the landlord must notify the tenant of:

1. the specific duty that they are unable to comply with and the reason(s) why they are unable to comply; and,
2. a revised timeframe in which they will be able to comply with the duty.

The notice should be sent using the usual communication method and account for tenants’ needs under the Equality Act 2010, such as the information being provided in a different language.

Landlords must also take reasonable interim steps to minimise the extent to which the property is affected by damp or mould. What is considered reasonable will depend on the circumstances and information available, but may include temporary repairs, such as mould removal, extractor fans or sealants, and monitoring while further investigation is carried out.

Consequences of failure to comply

Social Landlords

If a social landlord fails to comply with the prescribed timescales, the tenant may claim compensation under the 2026 Regulations. This can amount to an initial sum of £15, and then a further £3 in compensation for each working day until the repair has been completed. The maximum amount of compensation payable by the landlord is £100 for any one repair.

Private landlords

If a tenant believes a private rented property fails to meet the Repairing Standard because the landlord has not addressed damp or mould, they may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) (“FTT”) for a determination.

The FTT may then issue a Repairing Standard Enforcement Order (“RSEO”). Failure to comply with the RSEO without reasonable excuse is a criminal offence. If the landlord does not comply, the FTT may notify the local authority, which may carry out the works and recover costs. The FTT may also make a non-retrospective Rent Relief Order restricting the rent payable until the RSEO has been complied with.

Practical implications

Ahead of the 2026 Regulations coming into force, landlords should ensure they have in place robust damp and mould policies, reporting procedures and repair and maintenance processes to ensure compliance. Full and clear record keeping will be essential to demonstrate compliance with the prescribed timescales.

For advice on the impact of the 2026 Regulations, please contact Fiona McLeod, Amy Anderson, Nicola Bronsky or your usual Brodies contact.