Background:
Failure to address damp and mould in a property can have serious consequences. Awaab Ishak was 2 years old when he died following prolonged exposure to damp and mould in his family’s housing association home in Rochdale. Following his death, Awaab's Law was introduced in England with the aim of holding landlords accountable for addressing damp and mould promptly and protecting tenants. The Investigation and Commencement of Repair (Scotland) Regulations 2026 introduce the same protections to Scotland.
The new regulations aim to provide greater clarity on damp and mould investigation and reporting and the actions that should follow. Specific response times have been introduced, with an emphasis on accurate record-keeping, effective communication and access to reliable contractors.
Key Timescales:
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.
Social landlords have the added requirement of ensuring that repairs are 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 that the property remains substantially free from damp and mould.
Investigations:
The Regulations provide that landlords must investigate when they become aware of a damp or mould issue. Awareness is not limited to considering a formal report from tenants. Landlords may become aware of a damp or mould issue from routine inspections, unrelated repair visits, third-party notifications or concerns raised by tenants or others on their behalf.
The landlord's investigation must be carried out by a competent person. This must be someone with the skills and experience necessary to undertake the investigation.
Landlords must comply with the timescales noted above. However, if exceptional circumstances beyond their control prevent compliance, the landlord can give notice to the tenant. Reasonable interim steps must be taken 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.
Consequences of Failure to Comply:
Social landlords will be liable to pay compensation to their tenant for any failure to comply with the prescribed timescales, up to a maximum of £100 for any one repair.
Private landlords may face a claim in the First-tier Tribunal for Scotland (Housing and Property Chamber). The Tribunal can enforce repairs by serving a Repairing Standard Enforcement Order. Failure to comply with such an Order without reasonable excuse is a criminal offence. If the landlord does not comply, the local authority can carry out the works and recover costs. The Tribunal can also prevent rent from being paid until its Order has been complied with.
Comment:
With strict statutory timescales now applying, landlords should review their inspection, reporting and contractor arrangements. Effective record-keeping and prompt escalation of damp and mould reports will be essential in demonstrating compliance and reducing the risk of enforcement action.
Landlords should ensure that anyone attending a property on their behalf remains vigilant for signs of damp, mould, condensation, water ingress, leaks or inadequate ventilation. Procedures should be put in place to ensure that anyone identifying signs of damp or mould knows to report their findings immediately. Those receiving such findings must make proper investigations without delay.
For advice on any matters related to Awaab's Law, please contact our Real Estate Team at MFMac.
