Awaab's Law in Scotland: The Damp and Mould Rules for Private Landlords from 6 October 2026

From 6 October 2026, private landlords in Scotland have fixed deadlines for dealing with damp and mould. The new rules are often called "Awaab's Law Scotland". In England, Awaab's Law only covers social housing so far. In Scotland, the rules apply to private landlords from the first day.

This guide sets out what the law says, how to count the deadlines, what the written summary to your tenant must contain, and what happens if you miss a step.

What changed on 6 October 2026

The Investigation and Commencement of Repair (Scotland) Regulations 2026 (SSI 2026/173) amend sections 13 and 14 of the Housing (Scotland) Act 2006. They do two things.

Damp and mould joins the repairing standard. The repairing standard is the list of things every private rented home in Scotland must meet. It now includes a new item: the house must be "substantially free from damp and mould". If it is not, the property fails the repairing standard, just as it would with a broken boiler or a leaking roof.

There is now a clock. Once you know a home may have damp or mould, you must investigate, report back to the tenant and start the work within set times.

The Scottish Government published statutory guidance for landlords on 4 September 2026. It is worth reading in full. This post sums up the parts that matter most to a small private landlord.

The deadlines at a glance

Working days leave out Saturdays, Sundays and Scottish bank holidays. Scottish bank holidays are not the same as England's. For example, 2 January and the first Monday in August are bank holidays in Scotland but not in England. If you count with an English calendar you can lose a day without noticing.

When the clock starts

The 10 working days start when you are told, or otherwise become aware, that the home may be affected by damp or mould. That can be:

• the tenant telling you, by phone, text, email or in person
• something you or your agent see at an inspection
• a contractor mentioning it after a visit for another job
• a neighbour or the council raising it

The guidance makes the point that awareness is what triggers the duty, not a formal complaint. If your agent saw black mould in the bathroom at a routine visit, the clock started then, even if the tenant never said a word. Keep a log of the date you first heard about each problem and how.

Who can investigate

The investigation must be carried out by a "competent person". The guidance describes this as someone the landlord judges to have the skills and expertise needed. No particular qualification is required.

In practice that may be a damp specialist, a surveyor or an experienced builder. For anything that might involve rising damp, a leak or a structural problem, use someone with relevant experience, and note why you chose them. The investigation should find the cause, not just the mould. Condensation, a blocked gutter and a failed damp-proof course each need a different fix.

The written summary to your tenant

Within 3 working days of the investigation finishing, you must give the tenant a written summary of the results. This applies even if no damp or mould is found. The guidance says the 3 days relate to when you issue the summary, not when the tenant receives it.

Paragraph 5.5 of the guidance says the summary should cover:

• who carried out the investigation
• a short account of what was done and what was found, with a clear statement on whether damp or mould is present
• any repair work done during the visit
• if damp or mould was found, the work needed and the target date for starting it
• if no damp or mould was found, the reasons why, and whether you will still do any work under your own policies

Annex D of the guidance has a blank template with these headings. DocuTenant's damp and mould written summary follows the same headings and fills in your tenant and property details for you.

Starting and finishing the work

If work is needed, it must start within 5 working days of the investigation finishing. Private landlords must then complete it "within a reasonable time" (paragraph 6.4 of the guidance). The 20 working day completion limit you may have read about applies to social landlords, not private ones.

What is reasonable depends on the job. Treating mould and fitting an extractor fan should take days, not weeks. Replacing a roof may take longer. Keep a note of contractor bookings and any delays outside your control.

When you cannot meet a deadline

Sometimes you genuinely cannot. There may be no contractor available, or the work may be complex. If circumstances beyond your control stop you meeting a timescale, the regulations say you must:

• tell the tenant in writing why the deadline cannot be met
• give them a revised timescale
• take reasonable steps, where practicable, to reduce the effects of the damp or mould in the meantime

Reasonable steps might be a dehumidifier, a mould wash, or helping the tenant move furniture away from a cold wall. Being busy, or not wanting to spend the money, is unlikely to count as beyond your control.

What happens if you do not comply

A private tenant who thinks the home does not meet the repairing standard can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). The guidance says the tribunal will consider whether you met the Awaab's Law timescales. It can then:

• issue a Repairing Standard Enforcement Order (RSEO) requiring the work to be done. Failing to carry out the work without a reasonable excuse is a criminal offence
• make a Rent Relief Order reducing the rent until the RSEO is complied with. This is not backdated
• tell the council, which can carry out the work itself and recover the cost from you

How this differs from England

Awaab's Law in England currently applies to social housing only. The Renters' Rights Act 2025 gives the government power to extend it to private lets, but as at October 2026 no date has been set. If you let in both countries, do not assume the Scottish deadlines apply in England, or that England's lack of them helps you in Scotland.

A simple routine that keeps you on track

1. Log every report. The date, how you heard, what was said, and photos if you have them.
2. Book the investigation straight away. Ten working days goes quickly, especially around holidays.
3. Send the written summary. Even if nothing is found. Keep a copy and a record of when you sent it.
4. Start the work within 5 working days. Keep the booking confirmation.
5. If you are delayed, write to the tenant. Give the reason, the new timescale and what you are doing in the meantime.
6. Keep it all on the property file. It is your evidence if the tenant goes to the tribunal.

Your PRT tenancy agreement should tell tenants how to report damp and mould, and regular inspections help you spot it early. For the wider set of documents a Scottish let needs, see our guide to starting a new tenancy in Scotland.

This article is general guidance on the law as at 3 October 2026. It is not legal advice. For a specific problem, speak to a solicitor or your council's private housing team.