Awaab’s Law and Scotland’s New Damp and Mould Rules

What You Need to Know About the New Damp and Mould Rules

Damp and mould are issues that can affect any home, and knowing how to identify and report them is important for both tenants and landlords.

From 6 October 2026, new legislation will introduce specific requirements for how reports of damp and mould must be investigated and, where necessary, repaired in Scotland.

The Investigation and Commencement of Repair (Scotland) Regulations 2026, commonly referred to as Awaab’s Law, will apply to relevant social and private rented accommodation and introduce clear timescales for landlords when damp or mould is reported.

What is Awaab’s Law?

Awaab’s Law is the commonly used name for the new requirements introduced by the Investigation and Commencement of Repair (Scotland) Regulations 2026.

The legislation is named in memory of two-year-old Awaab Ishak, who died in England following prolonged exposure to mould in his home.

The Scottish Government’s guidance recognises that damp and mould can have a significant impact on people’s health and emphasises the importance of landlords and tenants working together to identify and address problems as early as possible.

The new requirements come into force on 6 October 2026.

What happens when damp or mould is reported?

From 6 October, where a landlord becomes aware that a home may be affected by damp or mould, specific timescales will apply.

1. The issue must be investigated

A landlord must ensure that a report of damp or mould is investigated by a competent person within 10 working days of becoming aware of it.

The investigation should establish whether the property is substantially free from damp and mould and, where necessary, what repair work is required. The investigation should also consider the root cause of the problem.

2. The tenant must receive written findings

Once the investigation has concluded, the landlord must provide the tenant, or their representative, with a written summary of the findings within 3 working days.

This means there should be a clear record of what was found and what action, if any, is required.

3. Necessary repairs must be started promptly

If the investigation identifies substantial damp or mould, the landlord must ensure that any necessary repair work is commenced within 5 working days of the investigation concluding.

For private landlords, the repairs must then be completed as soon as reasonably practicable.

What does this mean for tenants?

For tenants, one of the most important things to know is that reporting a problem promptly matters.

If you notice damp or mould in your home, you should report it to your landlord or letting agent as soon as possible.

This could include:

• Visible mould growth.
• Persistent condensation.
• Damp patches or staining.
• A musty smell.
• Peeling or damaged paint or wallpaper.
• Water ingress or unexplained moisture.
• Mould that appears to be returning after cleaning.

You should also report issues that could contribute to damp and mould, such as leaks, problems with heating, broken extractor fans or ventilation issues.

The Scottish Government guidance encourages tenants to raise concerns with their landlord as soon as possible so that the issue can be investigated and addressed.

Does this mean tenants have no responsibility?

No. Tenants still have an important role to play in helping to prevent and identify damp and mould.

Everyday activities such as cooking, showering, bathing and drying clothes create moisture within a property. Appropriate ventilation, heating and use of extractor fans can help to manage that moisture.

However, a report of damp or mould should not simply be dismissed as being caused by tenant behaviour.

The new guidance emphasises the importance of investigating the underlying cause. This could include issues with ventilation, heating, plumbing, the building itself or water ingress, as well as factors within the home. Each situation needs to be considered individually.

What should landlords be doing?

For landlords, the new legislation means having an effective process for dealing with reports of damp and mould will be increasingly important.

Landlords should consider:

• How tenants can report damp and mould.
• How reports will be recorded.
• Who will carry out investigations.
• Whether the person investigating has the appropriate skills and experience.
• How the statutory timescales will be monitored.
• How investigation findings will be recorded and communicated.
• How necessary repairs will be arranged promptly.
• How records of action taken will be retained.

The Scottish Government guidance also highlights the importance of identifying the root cause of damp and mould and taking reasonable steps to minimise the problem while investigations and repairs are ongoing.

Why is early reporting so important?

Damp and mould can sometimes start as a relatively small issue and become much more significant if the underlying cause is not addressed.

Early reporting gives landlords and property managers the opportunity to investigate the problem, identify its cause and arrange appropriate action.

It also means that tenants do not have to live with an unresolved issue while waiting for it to become more serious.

Good communication between landlords, tenants and property managers is therefore an important part of managing damp and mould effectively.

How is Gilson Gray Lettings preparing?

At Gilson Gray Lettings, we have been preparing for the introduction of the new requirements ahead of the October deadline.

Our Property Managers are undertaking specific training on the new legislation, including the statutory timescales, investigation process, record-keeping, and how reports of damp and mould should be managed.

We have also been proactively communicating with our tenants as we enter the colder months, reminding them about ventilation, heating and the importance of reporting any concerns about damp, mould, condensation or water ingress promptly.

We aim to make sure that both landlords and tenants understand what is expected and that concerns can be identified and dealt with as early as possible.

If you have concerns about damp or mould in your rented property, please report them to your landlord or letting agent as soon as possible.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.