Awaab’s Law in Scotland: What Scottish Landlords Need to Know

Preparing for the New Damp and Mould Regulations from 6 October 2026

By Johanna Wiseman, Associate

Awaab’s Law introduces mandatory timescales for investigating reports of damp and mould and carrying out any necessary remedial works. These changes will apply to private landlords in Scotland and are designed to ensure tenants live in safe, healthy homes.

What is Awaab’s Law?

Awaab’s Law is named after two-year-old Awaab Ishak, who tragically died in 2020 following prolonged exposure to mould in his family’s housing association home in Rochdale.

The legislation has been introduced to ensure landlords respond promptly to reports of damp and mould and take appropriate action to address any issues identified.

For tenants, the new regulations provide greater clarity regarding how quickly reports should be investigated and the action that should follow.

For landlords, the legislation introduces specific response times and places greater emphasis on accurate record-keeping, effective communication, and access to reliable contractors.

Private landlords in Scotland are already required to ensure their properties meet the Repairing Standard. However, Awaab’s Law goes further by introducing fixed and enforceable timescales, removing any uncertainty around what constitutes a “reasonable period” to investigate and address damp and mould concerns.

Key Timescales

Investigate within 10 Working Days

Any report of damp or mould must be investigated within 10 working days of the landlord becoming aware of the issue.

Investigations should be undertaken by a competent person, which may be a specialist contractor or the landlord/letting agent themselves where they possess the necessary knowledge, experience, and expertise.

Provide Written Findings within Three Working Days

Following completion of the investigation, the tenant must receive a written summary of the findings within three working days.

This communication should clearly outline:

• The cause of the issue (where identified)
• Any repairs or remedial action required
• Proposed next steps and timescales.

Commence Repairs within Five Working Days

Where substantial damp or mould is identified and remedial works are required, repairs must commence within five working days of the investigation concluding.

Where there are legitimate reasons why works cannot begin within this timeframe, landlords should:

• Inform the tenant in writing of the reason for the delay
• Provide a revised timetable for the works
• Take any reasonable interim measures to reduce the impact of the issue while permanent repairs are arranged.

Why It Matters

Failure to address damp and mould can have serious consequences for both tenants and landlords.

Damp and mould can significantly affect a tenant’s health and wellbeing, particularly for children, the elderly, and those with respiratory conditions. In addition, delays in responding to reports may expose landlords to legal and regulatory risks, even where repairs are eventually completed.

Increasingly, compliance will not simply be measured by whether an issue is resolved, but by how quickly and effectively a landlord responds.

Key Risks for Landlords

Failure to comply with Awaab’s Law may result in:

• Legal action or tribunal claims from tenants
• Increased scrutiny from regulators and enforcement bodies
• Compensation claims, particularly where a tenant’s health has been affected
• Reputational damage for landlords and letting agents
• Increased costs where minor issues develop into major repair projects.

Robust record-keeping will be critical. If a landlord cannot demonstrate that appropriate action was taken within the required timescales, they may be considered non-compliant, regardless of whether repairs were ultimately completed.

Damp and Mould Reporting: Everyone’s Responsibility

It is important to remember that responsibility for identifying damp and mould issues extends beyond the tenant.

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.

This includes:

• Letting agents
• Property managers
• Gas engineers
• Electricians
• Plumbers
• General contractors
• Surveyors and inspectors

If any of these individuals identify signs of damp or mould during a visit, they should report their findings immediately to the landlord or managing agent so that the matter can be investigated without delay.

Likewise, any observations made during routine landlord or managing agent inspections should trigger appropriate follow-up action.

Encouraging contractors and property professionals to report concerns, even where they fall outside the scope of their original instructions, can help landlords identify issues at an early stage and demonstrate a proactive approach to compliance.