The Investigation and Commencement of Repair (Scotland) Regulations 2026 comes into force on Tuesday, 6th October 2026 (SSI 2026/173). The new law was prompted after an English coroner found that two-year old Awaab Ishak died of a respiratory condition caused by exposure to mould in his home in Rochdale.
The 2026 Regulations impose new duties on landlords to investigate and repair damp or mould issues within specified timescales. The Scottish Government has issued guidance here: Awaab’s Law: Guidance for landlords in Scotland (opens as a PDF).
The Scottish Government guidance has statutory effect for private rented sector (PRS) landlords but not so for social landlords, which is an unfortunate weakness. Awabb’s Law will form a component of the PRS Repairing Standard in Scots law and it ought to have been formally incorporated into the reasonably fit for human habitation test for social landlords.
Govan Law Centre welcomes the introduction of Awabb’s Law as a positive and important measure to help prevent and eradicate mould and dampness in the homes of Scottish tenants. We can see it being a helpful legal tool for our tenant clients generally.
The new law applies to all lets from private and social landlords where the PRS Repairing Standard or the 2002 Scottish Secure Tenancy (Right to Repair) Regulations apply.
Temporary homeless accommodation
Unfortunately, Awabb’s Law will not extend to homeless persons in temporary accommodation, provided by private hotels or social landlords, as such accommodation is generally not occupied under private lets or Scottish secure tenancies.
Typically, a homeless person in a temporary furnished flat provided by a social landlord will occupy under a tenancy at Scots common law. This is an unfortunate missed opportunity with the 2026 Regulations as in GLC’s experience such homeless flats can sometimes be damp, mouldy and injurious to the health and wellbeing of households who are homeless.
Summary of changes
Landlords must investigate tenant or adviser reports of damp/mould (or where they become aware from general tenancy inspections) within 10 working days, produce a written summary within 3 days, and commence repairs within 5 days if issues are identified. For social landlords, repairs to resolve damp/mould must be completed within 20 working days; private landlords should do so as soon as reasonably possible.
Key requirements
Landlords must ensure investigations are conducted by competent individuals, with clear timelines and documentation. They must provide a written summary of findings within 3 days and start repair work promptly, aiming to resolve issues effectively within statutory maximums.
Written summary
A written report of findings must be issued within 3 working days of investigation completion, including details of who conducted it, findings, and next steps. The summary should be clear, signed off by the responsible party, and may be delivered electronically, in person, or by post. It must include whether the property is substantially free of damp/mould, causes, repair actions, and timings, along with signposting support resources.
Repair Work
If damp/mould is confirmed, repairs should start within 5 working days and be completed within 20 working days for social landlords, or as soon as reasonably practicable for private landlords. The repair aims to eliminate the damp/mould and prevent re-occurrence, addressing root causes like ventilation issues or structural faults. If delays occur due to uncontrollable circumstances, the rules allow for exceptional circumstances to extend time limits.
Enforcement
Disputes are first managed through the landlord’s complaints process; unresolved issues escalate via existing Right to Repair/Repairing Standard mechanisms. Non-compliance within timescales may entitle tenants to compensation (£15 initial, £3 per day), capped at £100 per repair. Private tenants can seek tribunal orders, and failure to adhere to enforcement orders is a criminal offence; tribunal decisions can lead to further enforcement actions, including rent relief orders.
