Awaab's Law in Scotland
Scotland's version of Awaab's Law is the Investigation and Commencement of Repair (Scotland) Regulations 2026. It amends the repairing standard in the Housing (Scotland) Act 2006 and the Scottish Secure Tenants (Right to Repair) Regulations 2002, and it applies to private residential tenancies as well as Scottish secure and short Scottish secure tenancies. The duties take effect on 6 October 2026.
In short
From 6 October 2026, a landlord in Scotland who becomes aware of damp or mould in a private residential tenancy or a Scottish secure tenancy must have a competent person investigate within 10 working days, give the tenant a written summary within 3 working days, and begin the required work within 5 working days. Where circumstances beyond the landlord's control prevent this, the landlord must tell the tenant in writing, give reasons and a realistic timescale, and take reasonable steps to limit the damp or mould meanwhile.
- Private residential tenants in Scotland
- Scottish secure and short Scottish secure tenants (council and housing association)
- Landlords and letting agents in Scotland from 6 October 2026
- Report the damp or mould to the landlord or agent in writing and keep the date
- Photograph the area: wide, medium and close-up, dated
- Count 10 working days for the investigation and 3 more for the written summary
- If work does not begin within 5 working days of the summary, ask in writing why, and keep the answer
- If the landlord does not comply, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber)
- Scotland only. England has separate legislation covering social housing only, with different phases. Wales and Northern Ireland have no Awaab's Law.
- The duties start on 6 October 2026; before that date the existing repairing standard applies
- Landlords can defer where circumstances are genuinely beyond their control, but must explain in writing
- The regulations set a process and timescales; they do not diagnose the cause
- This is a summary of the regulations and official announcements, not legal advice
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Start free caseWhat the regulations change
The regulations add to the repairing standard that a house must be substantially free from damp and mould, and they introduce fixed time limits for investigating reports and commencing repairs. They apply to private residential tenancies under the Private Housing (Tenancies) (Scotland) Act 2016 and to Scottish secure and short Scottish secure tenancies.
The Scottish Government announced the regulations on 21 January 2026, and the Scottish Parliament's Local Government, Housing and Planning Committee reported on them on 13 March 2026. The duties commence on 6 October 2026.
The timescales
Working days exclude weekends and public holidays. Check the commencement and interpretation provisions of the Regulations for the precise definitions before relying on a date in a dispute.
| Duty | Timescale | Counted from |
|---|---|---|
| Investigation by a competent person | 10 working days | The landlord becoming aware of the damp or mould |
| Written summary of the investigation to the tenant | 3 working days | The investigation concluding |
| Commence the required safety or qualifying work | 5 working days | The investigation concluding |
| Maximum period for substantial damp and mould repairs | As set in the Regulations (the explanatory note refers to twenty days) | Commencement of the work |
When a landlord cannot meet a timescale
Where a landlord cannot comply because of circumstances beyond their control, the regulations require them to notify the tenant in writing with the reasons, to give a reasonable timescale for compliance, and to take reasonable steps, where practicable, to minimise the impact of the damp or mould in the meantime. A landlord who says nothing and does nothing is not using the exception; they are missing the deadline.
Enforcement
The First-tier Tribunal for Scotland (Housing and Property Chamber) assesses whether a landlord has met the repairing standard, and the new duties form part of that assessment. Compensation provisions apply where the timescales are not met. Social tenants also have the right to repair scheme, which the regulations amend.
What a tenant should do
- Report in writing to the landlord or the letting agent, and keep the sent date.
- Take dated photographs: a wide shot of the room, a medium shot and a close-up of the affected area.
- Diary the deadlines: 10 working days for the investigation, 3 for the written summary, 5 for work to begin.
- Keep every reply. If the landlord invokes circumstances beyond their control, ask for the reasons and timescale in writing, as the regulations require.
- If the landlord does not comply, apply to the First-tier Tribunal. Your case file is the evidence.
Frequently asked questions
Yes. Unlike England's version, the Scottish regulations cover private residential tenancies as well as social tenancies.
The existing repairing standard applies: the landlord must keep the home wind and watertight and reasonably fit for human habitation, and a tenant can apply to the First-tier Tribunal if repairs are not carried out. The fixed timescales are new from 6 October 2026.
Someone with the skills and experience to investigate the damp or mould properly. The regulations do not require a specific qualification for every case; what matters is that the investigation is capable of identifying the cause and the work needed.
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