The Scottish Parliament has approved new regulations that will, from October 2026, place new duties on social and private rented landlords. These duties require landlords to investigate reports of damp and mould and begin any necessary repairs within set timescales, unless they are unable to do so for reasons outwith their control.
This is known as ‘Awaab’s law’ named after a young boy, Awaab Ishak, who died in 2020 as a result of severe respiratory condition due to prolonged exposure to mould in his English housing association home.
The Scottish Government’s policy aim is to provide “greater certainty to tenants and seek to reduce instances of long term exposure to damp and mould, which can pose significant risk.”
This blog explains the current situation around tenant complaints about dampness and mould in rented housing and what will change.
Social rented housing
Social landlords must make sure the homes they let are ‘wind and watertight’ and ‘reasonably fit for human habitation.’
They must also meet the Scottish Housing Quality Standard (SHQS), which requires homes to be substantially free from rising and penetrating damp, adequately ventilated, and properly insulated.
The Right to Repair scheme allows tenants to have certain small, urgent repairs (costing under £350) completed within set timescales, with compensation available if deadlines are missed. However, the scheme does not specifically focus on repairs relevant to damp and mould.
There are currently no statutory timescales for dealing with damp and mould complaints, although landlords will have their own internal policies.
If a tenant believes their landlord is not taking appropriate action, they can make a formal complaint. If they remain dissatisfied, they can escalate the issue to the Scottish Public Services Ombudsman, which will consider whether the landlord followed its procedures and acted reasonably.
Tenants can also take their case to the Sheriff Court, which can order repairs to be carried out within a set timeframe and award compensation if the landlord fails to comply. Anyone considering this route should seek advice from a specialist housing adviser (such as Shelter Scotland) or a solicitor.
The Scottish Housing Regulator (SHR) monitors social landlords’ compliance with the Scottish Housing Quality Standard but it does not have a role in dealing with individual complaints from tenants.
The SHR has written to social landlords emphasising the need for them to have appropriate and proactive systems to deal with dampness. From May 2026, the SHR will begin collecting new performance data on damp and mould.
Awaab’s law in social housing
The new regulations will amend the existing Right to Repair rules for social tenants. Unless delays are caused by factors outwith the landlord’s control:
- Landlords must investigate reports of damp and mould within 10 working days of being notified or otherwise becoming aware of the issue.
- They must provide a written summary of the investigation to the tenant within three working days of completing it.
- If repairs are required, work must begin within five working days of the investigation being completed.
Landlords will have to pay compensation if they fail to meet these investigation and repair commencement timescales. Compensation will also apply if a qualifying repair is not completed within 20 days.
Private rented housing
Private landlords must ensure their properties meet the Repairing Standard, which includes meeting the Tolerable Standard — requiring homes to be “substantially free from rising or penetrating damp.”
Tenants who believe their home does not meet the Repairing Standard should notify their landlord and allow time for repairs. If the landlord does not act, the tenant can apply to the First-tier Tribunal (Housing and Property Chamber) for a decision. Local authorities can also apply to the Tribunal.
If the Tribunal finds the Repairing Standard is not being met, it can issue a Repairing Standard Enforcement Order (RSEO) requiring repairs to be carried out. Failure to comply can lead to a rent relief order, reducing the tenant’s rent by up to 90%.
Awaab’s law in private rented housing
The regulations amend the Repairing Standard to introduce the same investigation and commencement repair timescales as those applying to social landlords (as outlined above).
Unlike in social housing, there are no statutory deadlines for completing qualifying repairs or compensation arrangements. If a tenant believes the Repairing Standard is not being met, they can apply to the Tribunal, which will consider whether the landlord has complied with the new duties.
Homeless temporary accommodation
During the Local Government, Housing and Planning Committee’s scrutiny of the draft regulations, the scope of the regulations and their applicability to all types of homeless temporary accommodation was questioned.
The Cabinet Secretary for Housing, Màiri McAllan MSP, confirmed that all temporary accommodation provided under social sector tenancies will be covered.
She acknowledged that some specific tenancy types will fall outside the scope initially, but the longer-term intention is for Awaab’s Law to apply across all tenancies.
Implementing the changes
The new duties will take effect from October 2026, and the Scottish Government will publish guidance ahead of implementation.
The Local Government, Housing and Planning Committee heard from witnesses of the importance of clear, practical guidance for both landlords and tenants to accompany the regulations.
The Cabinet Secretary provided assurances that guidance will set out rights and responsibilities, provide practical advice, and include clear definitions to help resolve disputes. She also highlighted the need for effective communication to ensure tenants are aware of Awaab’s Law and understand how it protects them.
Kate Berry, Senior Researcher
Blog image: Rehousing tenements c1935, by Tony164 is licensed under Creative Commons Attribution-ShareAlike 3.0 Unported (CC BY-SA 3.0)
