Awaab's Law in Scotland: what applies from 6th October 2026

The regulations apply to all accommodation in Scotland that falls under either the Right to Repair Scheme or the Repairing Standard. In practice that means:

• ·Social landlords. Councils and registered social landlords, for homes let under a Scottish secure tenancy or a short Scottish secure tenancy. The duties sit inside the Scottish Secure Tenants (Right to Repair) Regulations 2002, where "substantial damp or mould" is now a qualifying repair.
• ·Private landlords. Any tenancy of a house let for human habitation, other than the tenancies excluded by section 12(1) of the Housing (Scotland) Act 2006. The Repairing Standard in section 13 of that Act now includes a new requirement that the house is substantially free from damp and mould.
• ·Temporary accommodation is covered where it falls under one of those two schemes. The guidance encourages social landlords to apply the same approach voluntarily across their wider temporary accommodation stock.

Occupancy agreements that are not tenancies, and mobile homes, are outside the Repairing Standard and so outside the regulations. Publicly provided Gypsy/Traveller sites are dealt with separately in Annex A of the guidance. The duties apply where the damp or mould is in a building the landlord is responsible for and the repair is the landlord's responsibility.

The guidance describes the timescales as maximums. Landlords should act as quickly as possible, and any shorter deadline set by other legislation still has to be met. The example the guidance gives is a significant leak in a social tenancy, which the Right to Repair Scheme already requires to be fixed within one working day.

A working day is any day other than a Saturday, a Sunday or a bank holiday in Scotland. Once the repair is done, the home must be substantially free from damp and mould and, so far as reasonably practicable, stay that way. The guidance is direct about what that means: a mould wash on its own, without anything else, is unlikely to be considered a suitable repair.

The duties begin as soon as the landlord becomes aware of a potential damp or mould issue. A report from the tenant is the obvious trigger, but the guidance is explicit that it is not the only one. Awareness can come from a routine inspection, from an unrelated repair such as a burst pipe, or from a third party including a contractor or housing support worker. Readings from temperature, humidity or carbon dioxide sensors are a prompt to investigate rather than proof of damp or mould, and landlords are encouraged to act promptly on consistent readings.

Landlords must not make assumptions that a report is caused by the tenant's behaviour. Everyday cooking, bathing, washing and drying laundry are not a reason to refuse an investigation. Where the investigation does find that household factors are the main influence, the landlord is expected to work with the tenant and offer advice and support, and to record what was decided.

Who can investigate

The investigation must be carried out by a competent person: someone who, in the landlord's reasonable opinion, has the skills and experience to decide whether the home is substantially free from damp and mould and, if it is not, what repair work is needed. No specific qualification is prescribed. The guidance suggests landlords consider experience with damp and mould, relevant professional background and an understanding of Scotland's housing standards, and it names CIBSE, the Property Care Association and RICS as examples of bodies whose material may help, while stating that the Scottish Government does not endorse any organisation.

What "substantially free from damp and mould" means

The guidance does not set a single threshold. It gives a framework built on exposure, persistence, occupant vulnerability and the likelihood of recurrence. Investigators are asked whether the damp or mould covers a large surface area, spans several patches or rooms, is persistent, or suggests hidden moisture such as a damp or mouldy smell; whether an occupant is likely to be more vulnerable to its effects; and whether there is evidence of a structural defect or of inadequate ventilation, insulation or heating. No single factor decides the question. As a reference point for "large", the guidance borrows the tolerable standard figure: persistent visible penetrating damp covering roughly more than 10% of the wall or ceiling space in one apartment, or 20% in one or more other spaces, would normally take a house below that standard.

Investigators should also think about mould hidden behind wallpaper, panelling, ceiling tiles, carpets and vents. Disturbing it can release large numbers of spores, so the guidance says it should be handled by someone with appropriate expertise.

Vulnerability

The guidance notes that damp and mould do not affect everyone equally, and lists groups more likely to be affected:

• ·People with pre-existing conditions that damp or mould could worsen
• ·People with weakened immune systems
• ·Pregnant women and those who have recently given birth
• ·Babies, children and young people
• ·Older people
• ·People who are bedbound, housebound or have mobility problems that limit access to fresh air

Tenants may provide medical evidence but are not required to. Landlords should take what they are told at face value and handle any health information under UK GDPR and the Data Protection Act 2018.

In person, and complete

Investigations should be in person unless there is a justified reason for an alternative, and the landlord must keep clear records if one is carried out remotely. Triage is allowed but does not replace the duty or the timescale. An investigation is only complete when it has assessed whether the home is substantially free from damp and mould and, where it is not, whether repairs are required. If the damp or mould later spreads or changes significantly, a new investigation is needed, on the same timescales. While the investigation is pending, the landlord must make sure reasonable steps are taken, where practicable, to minimise the damp or mould.

Within 3 working days after the day the investigation concludes, the landlord must give the tenant, or the tenant's representative, a written summary. It can go electronically, by post, in person or by an equivalent method, and the 3 days run from when it is issued. A letting agent or contractor may draft and send it, but the landlord remains responsible. The guidance says the summary does not need to be exhaustive, but it must include:

• ·The names of the people or organisations who carried out the investigation.
• ·A brief account of the process and the findings, with explicit confirmation of whether the house is substantially free from damp and mould.
• ·Details of any repair work carried out during the visit.
• ·Where substantial damp or mould was found, the work required and a target timeframe for beginning it.
• ·Where it was not found, the reasons why, and whether any work will still be done under the landlord's own repairs policy or service standards.

"Repair work" is defined widely: it includes temporary safety measures, relevant safety work, specialist intervention, and advice and monitoring. The guidance includes an example summary (Annex C), a blank template (Annex D) and a tenant information sheet (Annex E).

If circumstances beyond the landlord's control mean a timescale cannot be met, the landlord must notify the tenant in writing, stating which duty cannot be met, why, and a revised timeframe. Until the landlord can comply, it must take reasonable steps, where practicable, to reduce the impact of the damp or mould: mould removal, a temporary extractor fan, a temporary sealant on an identified leak where that is safe, or monitoring while further investigation is arranged. The guidance's examples of circumstances beyond a landlord's control are:

• ·Severe weather or travel barriers that prevent safe or timely access
• ·Illness or bereavement, on the landlord's side or the tenant's
• ·Unexpected contractor or supply chain barriers
• ·No access to the home despite reasonable attempts
• ·Unforeseen delays in approvals from external bodies

The burden sits with the landlord. A delay is only justified where the landlord can show that circumstances beyond its control prevented compliance, and if a tenant complains of a breach the landlord must be able to evidence either compliance or the reason it was not possible. Landlords have rights of entry for inspection and repair and may apply to the Sheriff for a warrant if required. Where a tenant refuses or cannot allow access, a landlord that has made reasonable attempts is not in breach.

The guidance expects both sides to use the landlord's formal complaints process first. Beyond that, the routes differ by sector.

Social tenants

Where a social landlord misses the timescale for the investigation or for starting the repair, the tenant can claim compensation under the Right to Repair Scheme: an initial £15, then £3 for each working day until the repair is completed, to a maximum of £100 for any one repair. The £350 cost cap that normally limits the Right to Repair Scheme does not apply to the damp and mould duties. The Scottish Housing Regulator will have due regard to the guidance when it monitors, assesses and reports on landlords' performance.

Private tenants

A private tenant who believes the Repairing Standard is not met can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). The regulations require the Tribunal to consider whether the landlord complied with the Awaab's Law duties when it decides whether the Repairing Standard has been met. The Tribunal can issue a Repairing Standard Enforcement Order. Failing to carry out the repairs it orders without reasonable excuse is a criminal offence, the local authority can carry out the work and recover the cost from the landlord, and the Tribunal can make a Rent Relief Order restricting the rent payable until the order is complied with.

Private landlords must have regard to the guidance when deciding whether a house meets the Repairing Standard. There is no statutory requirement for social landlords to have regard to it under the Right to Repair Scheme, but the Regulator's approach makes it the benchmark in practice.

Landlords and contractors who work on both sides of the border, or who have followed the English debate, should not assume the two regimes match. The main differences:

• ·Private landlords are in scope in Scotland. The English regulations apply to registered providers of social housing only.
• ·Damp and mould only. The Scottish regulations cover damp and mould. In England, Phase 2 extends the timescales to excess cold and heat, falls, structural collapse, fire and explosions, electrical hazards and domestic hygiene from 30th November 2026.
• ·No 24-hour emergency track. England requires emergency hazards to be investigated and made safe within 24 hours. Scotland has no equivalent category; the Right to Repair Scheme's existing short deadlines for urgent repairs still apply alongside the new duties.
• ·Different test. England asks whether a hazard presents a significant risk of harm. Scotland asks whether the home is substantially free from damp and mould.
• ·Start versus finish. England requires relevant safety work to be completed within 5 working days of the investigation. Scotland requires it to be started within 5 working days and, for social landlords, completed within 20 working days of starting.
• ·Different remedies. In England the duties are an implied term of the tenancy, enforceable through the courts, the Housing Ombudsman and the Regulator of Social Housing, with a duty to provide alternative accommodation where work cannot be completed in time. In Scotland the remedies are Right to Repair compensation for social tenants and the First-tier Tribunal for private tenants.

For the English regime, see our Awaab's Law explainer and the Phase 2 guide.

1. 1.Treat every route in as a report. Contact centre, repairs, housing officers, contractors and support staff all start the clock. Make sure a report that reaches any of them is logged on the day.
2. 2.Name your competent people. Decide, and record, who the landlord considers competent to investigate damp and mould and why. The regulations put the judgement on the landlord.
3. 3.Build the written summary into the job. Three working days is short. Use the Annex D template, or your own version of it, and make the investigator responsible for the draft.
4. 4.Plan for the exceptional circumstances notice. Agree in advance who writes it, what it must say and how the interim measures are arranged, so a contractor shortage does not become a breach.
5. 5.Brief contractors and letting agents. They can be the route in, the investigator and the author of the summary. They need to know the timescales and what the landlord expects of them.
6. 6.Train the people who carry the deadlines. Scottish cohorts of UKAME's Awaab's Law courses are built around the 2026 Regulations and the Scottish Government guidance rather than the English regime.

The regulations are on legislation.gov.uk. The landlord guidance, with its annexes, and the guidance for tenants are on gov.scot.