Awaab’s Law Is Now in Force in Scotland: What Private Landlords Need to Know
Awaab’s Law Is Now in Force in Scotland: What Private Landlords Need to Know
New damp and mould rules came into force on 6 October 2026, bringing clear investigation, reporting and repair timescales for landlords in Scotland.
Awaab’s Law came into force in Scotland on 6 October 2026.
For private landlords, the important change is that reports of damp or mould now need to be dealt with within set timescales rather than simply being treated as a general repair issue with no defined process.
The new rules apply to most private rented homes covered by the Repairing Standard, as well as social housing.
For landlords and letting agents, this makes having a clear process for receiving, investigating and recording damp and mould reports much more important.
What does Awaab’s Law require?
Once a landlord becomes aware that a property may be affected by damp or mould, an investigation must be carried out by a competent person within 10 working days.
Once that investigation is complete, the landlord must provide the tenant with a written summary of the findings within 3 working days.
If substantial damp or mould is identified, any necessary repair work must begin within 5 working days after the investigation concludes.
For private landlords, the repairs must then be completed as soon as possible.
It is not just about visible mould
Damp and mould problems are not always as simple as wiping a patch from a wall.
Moisture can come from a number of different sources, including leaks, penetrating damp, rising damp, condensation or other defects within the building.
The purpose of the investigation is to understand what is actually happening at the property and whether repair work is required.
The Scottish Government guidance also makes clear that every case is different and landlords may need specialist support where appropriate.
The key point for landlords
A report of damp or mould now starts a defined process. The issue needs to be investigated, the findings recorded in writing and, where substantial damp or mould is identified, repair work needs to begin within the required timeframe.
Who should carry out the investigation?
The investigation must be carried out by a competent person.
The Scottish Government guidance describes this as somebody with the necessary skills and expertise to determine whether the property is substantially free from damp and mould and whether repair work is required.
There is not a single compulsory qualification specified in the regulations, but the person carrying out the assessment needs to be capable of identifying the issue properly and making suitable recommendations.
For landlords, that means choosing somebody who understands moisture, building condition and the different causes of damp rather than simply treating visible mould as the problem itself.
What needs to be included in the written summary?
The written summary should explain who carried out the investigation, what was inspected and what was found.
It must also make clear whether the property is substantially free from damp and mould.
If repair work is required, the summary should explain what work is needed and give an indication of when that work is expected to begin.
This creates a much clearer record for both landlord and tenant and means the investigation becomes part of the property’s compliance history rather than simply an informal visit or conversation.
Why the cause matters
Treating the visible mould without addressing the cause can leave the underlying problem unchanged.
A leaking pipe, failed seal, water ingress, poor ventilation or persistent condensation may all produce similar visible symptoms but require very different solutions.
The Scottish Government guidance specifically recognises several types of damp, including condensation, penetrating damp, rising damp and moisture caused by sudden events such as leaks or burst pipes.
That is why a proper assessment should consider the wider property rather than simply photograph the visible mould.
Landlords also need to think about prevention
The new rules are not only about reacting once substantial damp or mould has appeared.
Where repairs are required, the aim is also to keep the property substantially free from damp and mould as far as reasonably practicable.
That may mean addressing the underlying defect, improving ventilation, repairing water ingress or taking other appropriate measures depending on the cause.
Keeping clear records of previous problems and repairs can therefore be useful when the same area of a property is reviewed in future.
Property records are becoming increasingly important
Awaab’s Law is another reason for landlords to keep organised property records.
If a tenant reports a damp or mould problem, it helps to know whether the same area has been investigated before, whether repairs have already been attempted and whether there are any relevant contractor reports or photographs on file.
This fits with the wider approach we have been discussing in our recent landlord articles: keeping records current when a property changes and reviewing existing reports when work is carried out.
Our recent article What Should a Landlord Review After Plumbing Work or Property Alterations? looks at this in more detail.
Think about damp and mould during tenancy changeovers too
A change of tenant is often a useful opportunity to spot early property-condition issues while rooms are empty and access is straightforward.
Marks behind furniture, failed seals around baths or showers, small leaks and areas of condensation may be easier to identify before the next tenant moves in.
That does not replace a proper damp and mould investigation where a problem has been reported, but it can help landlords identify issues earlier.
You can also read our earlier guide What Should a Landlord Check Between Tenancies?.
Damp & Mould Assessments are coming to Thorn
I have recently completed the Elmhurst Damp & Mould Assessor training and am currently awaiting accreditation.
Once that accreditation is confirmed, Thorn will be adding independent Damp & Mould Assessments to the property services available to landlords and letting agents.
The aim will be to provide a clear assessment of the property, photographic evidence and practical findings that can help landlords understand what has been identified and what the appropriate next step may be.
Full details of the service will be added to the Thorn website once accreditation is confirmed.
Part of a broader landlord service
Damp & Mould Assessments will sit alongside Thorn’s existing PAT testing for landlords and Legionella Risk Assessment service.
The longer-term aim is to make it easier for landlords and letting agents to deal with several practical property-compliance requirements through one local service rather than arranging each visit separately.
You can find more information about the services currently available on the Landlords & Letting Agents page.
What should landlords do now?
The most important thing is to make sure there is a clear process for dealing with reports of damp or mould.
Landlords and letting agents should know who will investigate the property, how quickly access can be arranged, how the findings will be recorded and how any necessary repair work will be progressed.
The new rules are designed to make sure damp and mould problems are investigated quickly rather than being allowed to drift.
For private landlords, understanding the process now should make it much easier to respond properly when a tenant reports a problem.
Have a property compliance question?
If you are unsure which Thorn service may be relevant to your property, Ask Wendy can help with common landlord questions, PAT testing, Legionella Risk Assessments and guide pricing.
Damp & Mould Assessments will be added once accreditation is confirmed.
Ask Wendy Landlords & Letting Agents