New damp and mould duties come into force for Scottish landlords

New damp and mould duties come into force for Scottish landlords

From 6 October 2026, private landlords in Scotland must comply with new legal duties on investigating and remedying damp and mould in rented properties. The changes also affect tenancy succession and wrongful termination penalties.

New rules applying to private residential tenancies in Scotland came into effect on 6 October 2026, introducing specific obligations on landlords and letting agents regarding damp and mould issues. These changes form part of wider reforms addressing property conditions and tenant protections under the Scottish Government’s Repairing Standard framework.

Landlords must now ensure that when they become aware of damp or mould, a competent person investigates the issue within 10 working days. A written summary of the investigation must be provided to the tenant within three working days after the investigation concludes. If substantial damp or mould is found, remedial work must start within five working days and be completed as soon as reasonably practicable.

Details of the new damp and mould requirements

The new duties require prompt and documented action from landlords and letting agents managing properties in Scotland. Propertymark, a professional body for letting agents, has advised its members to review their procedures to meet these timescales and maintain good communication with tenants.

Hazel MacIver, Policy and Campaigns Officer at Propertymark, emphasised the importance of having robust processes in place from the moment an issue is reported. This includes good record-keeping, clear tenant communication, and access to competent contractors who can carry out investigations and repairs swiftly.

These obligations apply to properties covered by the Repairing Standard, which sets minimum standards for private rented housing in Scotland. The legislation aims to ensure damp and mould problems are addressed quickly to protect tenant health and property condition.

Changes to tenancy succession and wrongful termination penalties

Alongside the damp and mould duties, the reforms also reduce the qualifying period for tenancy succession following a tenant’s death. Previously, a person needed to have lived in the property for 12 months to inherit the tenancy; this has now been lowered to six months for deaths occurring on or after 6 October 2026.

This change is intended to support grieving families and long-term carers by making it easier to succeed a tenancy. Although tenancy successions are relatively uncommon, letting agents and landlords should familiarise themselves with the new rules to manage such cases appropriately.

The reforms also increase the potential financial consequences of wrongful termination of a Private Residential Tenancy. Tenants who believe they were misled into leaving their tenancy based on an invalid eviction ground can apply to the First-tier Tribunal for a Wrongful Termination Order.

For tenancies ending on or after 6 October 2026, the compensation awarded can now range from three to 36 times the relevant sum, a significant increase from the previous maximum of six months’ rent. This change raises the stakes for landlords and agents in ensuring eviction grounds are valid and properly applied.

Practical implications for landlords and letting agents

Landlords and letting agents managing Scottish properties must act swiftly to align with the new duties. They need to establish clear procedures for handling reports of damp and mould, including identifying competent contractors who can conduct timely investigations and repairs.

Maintaining detailed records of all communications, investigations, and remedial works will be essential to demonstrate compliance. Agents should update tenancy management protocols to reflect the reduced succession qualifying period and prepare for the heightened financial risks associated with wrongful termination claims.

Letting agents, in particular, will play a crucial role in coordinating responses to damp and mould issues, ensuring tenants receive timely updates, and that landlords meet their legal obligations. Agents should also educate landlords about the new succession rules and wrongful termination penalties to avoid disputes and potential tribunal claims.

Uncertainties and areas to monitor

While the legislation sets clear timescales and duties, some practical details may require clarification as cases arise. For example, the definition of a “competent person” for investigations and the scope of “substantial” damp or mould may be tested in practice.

Landlords and agents should watch for further guidance from the Scottish Government or industry bodies that may provide more detailed interpretation or best practice recommendations. Monitoring tribunal decisions on wrongful termination cases will also be important to understand how the new penalty framework is applied.

Given the increased financial risks, landlords may consider reviewing their insurance policies and legal advice arrangements to manage potential claims effectively.

What landlords should do now

• Review and update internal procedures for responding to damp and mould reports, ensuring compliance with the 10-day investigation and 5-day repair start requirements.
• Identify and establish relationships with competent contractors capable of conducting investigations and repairs within the required timescales.
• Ensure tenancy agreements and management protocols reflect the reduced six-month qualifying period for tenancy succession.
• Train staff and communicate with tenants about the new processes and rights related to damp and mould, succession, and wrongful termination.
• Maintain thorough records of all actions taken to demonstrate compliance in case of disputes or tribunal proceedings.
• Stay informed about further guidance and legal developments related to these reforms.

Keeping your rental properties compliant with new Scottish duties

The Landlord Association (TLA) membership offers access to compliance resources and practical guidance to help landlords and letting agents adapt to Scotland’s new damp and mould duties and related tenancy reforms. Members can benefit from up-to-date information on legal requirements and best practices to manage rental properties effectively.

TLA’s new property management and compliance platform, ORBIT, currently in BETA testing, is designed to assist members in organising property records, managing rental documents, and recording key actions such as inspections and repairs. ORBIT’s tools can support landlords and agents in meeting the prompt investigation and repair obligations by tracking timelines and communications.

Exploring TLA membership and ORBIT BETA access can provide landlords and agents with structured support to comply with these evolving regulations and reduce the risk of penalties or disputes.

Looking ahead, landlords should continue monitoring regulatory updates and tribunal rulings to ensure ongoing compliance and adapt their management practices accordingly.

Sources: Letting Agent Today