TACKLING DAMP AND MOULD IN THE PRIVATE RENTED SECTOR

Scotland is preparing to introduce significantly more onerous duties on private landlords of residential properties to tackle damp and mould, marking the first stage of implementing Awaab’s Law within the Scottish private rented sector. Draft regulations have been laid before the Scottish Parliament and if approved, these measures will come into force on 6 October 2026. 

Changes to the Repairing Standard

The new duties on landlords are set to be introduced via the Repairing Standard with the proposed addition of a requirement that a house must be substantially free from damp and mould. These new measures will also introduce significantly accelerated duties on landlords when damp or mould is identified. 

Once a landlord is notified of, or otherwise becomes aware of, damp or mould, they must ensure that an investigation is completed within ten working days, starting on the day after the date of notification or awareness. The purpose of the investigation is to determine whether or not the house is substantially free from damp and mould and (if not) whether any work is needed to ensure that the house meets the required standard. The investigation must be carried out by someone who, in the landlord’s reasonable opinion, has the necessary skills and experience. 

Following completion of the investigation, the landlord must then provide the tenant with a written summary within three working days, starting on the day after the date on which the investigation is completed. Where works are required, the landlord must commence these within five working days, also starting on the day after the date on which the investigation is completed. 

If circumstances beyond the landlord’s control prevent compliance, the landlord must give the tenant notice explaining the reason, indicating when compliance is expected and taking reasonable interim steps to minimise the issue. 

Breaches of these new duties will be enforceable in the same way as any other failure to meet the Repairing Standard, exposing landlords to the usual risks of enforcement action and tribunal orders. 

Commencement and practical preparation

In anticipation of parliamentary approval of the draft regulations and changes coming into force on 6 October 2026, landlords should consider reviewing their properties for signs of damp and mould and putting in place processes for prompt investigation and remediation. Landlords must have regard to any guidance issued by the Scottish Ministers on damp and mould. No such guidance has been published so far and it remains to be seen whether further detail will be provided ahead of commencement. 

Scope of the new duties

These new duties will apply only to properties that fall within scope of the Repairing Standard, which applies to most houses in the private rented sector and also those used for short-term lets.  

While houses on certain agricultural holdings where the tenant is in occupation are excluded from the Repairing Standard, wider reform planned by the Scottish Ministers will bring all tenancies on agricultural holdings, crofts and small landholdings within scope of the Repairing Standard from 28 March 2027. In the meantime, landlords of tenancies excluded from the Repairing Standard should note that the Tolerable Standard (which applies to all houses in Scotland) is also being updated through separate powers, allowing Scottish Ministers to issue guidance on when a house is considered “substantially free from rising or penetrating damp” which may raise the minimum condition expected of all housing and affecting categories of property currently outside the Repairing Standard framework. 

If you would like to discuss any of these aspects further, please get in touch with your Turcan Connell contact or email enquiries@turcanconnell.com.