Awaab’s Law in Scotland: the damp and mould rules for landlords and letting agents

Who the rules apply to

Both social landlords (through the Scottish secure tenancy Right to Repair scheme) and private landlords (through the Repairing Standard) — wherever the damp or mould is part of the building the landlord is responsible for, and the repair is the landlord's responsibility. The duty sits with the landlord, but where a letting agent manages the property it's usually the agent who receives the report and has to make every step happen on time.

When the clock starts

Day 0 is the day the landlord becomes aware of potential damp or mould. That isn't only a formal tenant report: it can be something seen on an inspection, mentioned by a contractor, or flagged by a support worker or a sensor. If your agency is told, treat the clock as started — not when the landlord replies, and not when a contractor is booked.

Periods are counted in working days, beginning with the day after. Saturdays, Sundays and Scottish bank holidays don't count — including 2 January, St Andrew's Day and one-offs such as the 15 June 2026 holiday. Getting this wrong by one day is the easiest way to miss a deadline.

The investigation

It must be carried out by a competent person: someone who, in your reasonable opinion, has the skills and experience to decide whether the home is substantially free from damp and mould and, if not, what repair work is needed. Record who investigated, how (in person or remotely, and why), and what they found.

The written summary

Within 3 working days of the investigation concluding, the tenant (or their representative) must receive a written summary. In practice it should cover:

• who carried out the investigation (names and organisation);
• a summary of the investigation and its findings, with a clear conclusion on whether the home is substantially free from damp and mould;
• any work carried out during the visit;
• if repairs are needed: the work required and the target date to begin it — or, if not, the reasons;
• where the tenant can get independent advice, and how to contact you.

Make it accessible to the tenant — another language or large print where needed.

Starting and finishing repairs

Where there is substantial damp or mould, repair work must begin within 5 working days of the investigation concluding. Social landlords must then complete the repair within 20 working days. Private landlords must complete it as soon as reasonably practicable — so record a realistic target and the reasons for any slippage. Afterwards you must keep the home substantially free from damp and mould as far as reasonably practicable. If the problem significantly changes or appears somewhere new, that's a new investigation and the timescales start again.

When you can't meet a timescale

If circumstances beyond your control — no contractor available, no access, complex structural work — stop you meeting a duty, you must tell the tenant:

• which duty you can't comply with and why; and
• a revised timeframe in which you will.

Until then, take reasonable steps to minimise the effect of the damp or mould — mould removal, a temporary extractor or dehumidifier, sealing a leak, regular contact with the tenant. Send the notice before the deadline passes: a notice issued afterwards is much harder to defend.

Records and enforcement

If a tenant complains, you'll need to show you complied — or why you couldn't. Keep a dated record of every attempt: calls, access refusals, contractor availability, approvals. Private tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), which can make a Repairing Standard Enforcement Order; social tenants can claim Right to Repair compensation and use the complaints route to the Scottish Public Services Ombudsman.

What letting agents should do this week

1. Decide who logs every damp or mould report — from email, phone, portal, inspections and contractors — on the day it arrives.
2. Agree approval limits with landlords so investigations aren't held up waiting for a reply.
3. Line up competent investigators and contractors who can attend within days, not weeks.
4. Prepare written summary and delay notice templates that include the required content.
5. Keep one dated record per case that you could hand to a tribunal.

RepairClock does steps 1, 4 and 5 for you and makes step 2 a one-click link. Start a free trial or explore the demo.

Frequently asked questions

Sources

• The Investigation and Commencement of Repair (Scotland) Regulations 2026 (SSI 2026/173)
• Scottish Government — Awaab’s Law: guidance for landlords (Scotland)
• Scottish Government — Awaab’s Law: guidance for tenants (Scotland)

This guide summarises the rules for convenience. It isn't legal advice — check the Regulations and guidance for your circumstances.