New damp and mould rules and tenancy changes take effect in Scotland

New damp and mould rules and tenancy changes take effect in Scotland

New regulations on damp and mould investigations, tenancy succession, and wrongful termination have come into force in Scotland this week, imposing stricter duties on private landlords and letting agents.

From 6 October 2026, private landlords in Scotland must respond promptly to reports of damp and mould in properties covered by the Repairing Standard. Letting agents managing these properties will play a key role in ensuring compliance with the new timescales and record-keeping requirements. Additionally, the qualifying period for tenancy succession after a tenant’s death has been reduced, and penalties for wrongful termination of Private Residential Tenancies have increased substantially.

The new rules require landlords to investigate reports of damp and mould within 10 working days of becoming aware of the issue. A written summary of the investigation must be provided to the tenant within three working days after the investigation ends. 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 duties on damp and mould and tenancy succession

Under the updated Repairing Standard obligations, landlords are now legally required to act swiftly when damp or mould is reported. The investigation must be carried out by a competent person, and landlords must keep tenants informed with a written summary promptly after the inspection. Where significant problems are identified, remedial action must begin quickly to prevent further harm to tenants’ health and property conditions.

Letting agents will need to ensure robust procedures are in place to manage these timelines effectively. This includes maintaining clear communication channels with tenants, keeping detailed records of reports and investigations, and having access to qualified contractors who can undertake repairs promptly.

In terms of tenancy succession, the qualifying period for a person to inherit a Private Residential Tenancy following the tenant’s death has been reduced from 12 months to six months. This change applies to tenancies where the tenant dies on or after 6 October 2026. The Scottish Government introduced this to provide greater flexibility and support for families and carers affected by bereavement.

Furthermore, the potential financial penalties for wrongful termination of a Private Residential Tenancy have increased significantly. Tenants who believe they were misled into leaving a 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, awards may range from three to 36 times the relevant sum, a considerable rise from the previous maximum of six months’ rent.

Context and implications for Scottish landlords and letting agents

These regulatory changes reflect the Scottish Government’s ongoing focus on improving housing conditions and tenant protections in the private rented sector. Damp and mould have long been recognised as serious health hazards, and the new rules aim to ensure landlords respond swiftly and effectively to such issues.

For landlords, this means a more proactive approach is required. They must be prepared to act quickly once damp or mould is reported, including arranging timely inspections and repairs. Letting agents, often the first point of contact for tenants, will need to implement clear processes to manage complaints and coordinate with contractors. Failure to comply risks enforcement action and potential financial penalties.

The reduction in the qualifying period for tenancy succession also introduces a more tenant-friendly approach to tenancy inheritance, acknowledging the needs of families and carers. While succession cases are not frequent, landlords and agents should familiarise themselves with the new rules to handle such situations correctly.

The increased penalties for wrongful termination serve as a strong deterrent against unlawful eviction practices. Landlords must ensure all eviction grounds are valid and properly documented to avoid costly tribunal awards.

Practical considerations for landlords and agents managing Scottish properties

Landlords should review their current procedures for handling tenant reports of damp and mould. This includes ensuring they have access to competent surveyors or contractors who can carry out investigations within the required 10 working days. Maintaining detailed records of all communications, investigations, and repair works will be essential to demonstrate compliance.

Letting agents should update their operational protocols to incorporate the new timescales and reporting requirements. Training staff to recognise the importance of prompt action and clear communication with tenants will help avoid disputes. Agents should also verify that their contractor networks can meet the tighter deadlines for remedial work.

Regarding tenancy succession, landlords and agents should update tenancy agreements and information packs to reflect the reduced qualifying period. They should also be prepared to advise tenants or their families on the process for succession applications.

With the heightened risk of wrongful termination claims, landlords must carefully review eviction notices and grounds before serving them. Proper legal advice or guidance should be sought to ensure compliance with the new penalty regime.

Remaining uncertainties and what to monitor going forward

While the new duties establish clear timescales and penalties, some operational details remain to be clarified. For example, what constitutes a “competent person” for damp and mould investigations may require further guidance or industry standards. Landlords and agents should watch for official clarifications or best practice advice from regulatory bodies and professional organisations.

The practical impact of the increased wrongful termination penalties will also become clearer over time as tribunal decisions set precedents. Landlords should monitor case law developments to understand how tribunals interpret the new rules and calculate awards.

Additionally, the interaction of these changes with other ongoing rental reforms in Scotland, such as energy efficiency standards and licensing schemes, will require landlords and agents to maintain a comprehensive compliance overview.

What landlords should do now to prepare

• Review and update procedures for responding to damp and mould reports, ensuring compliance with the 10-day investigation and 5-day repair start deadlines.
• Establish or confirm access to competent contractors who can undertake investigations and remedial works promptly.
• Train staff and communicate with tenants clearly about the new processes and timescales.
• Update tenancy documentation and internal records to reflect the reduced qualifying period for tenancy succession.
• Carefully review eviction grounds and notices to avoid wrongful termination claims under the new penalty regime.
• Stay informed of further guidance from the Scottish Government, Propertymark, and other relevant bodies.

Supporting landlords with compliance and management

TLA membership offers landlords and letting agents access to practical compliance resources and guidance tailored to evolving regulations like these new damp and mould duties in Scotland. Through TLA’s developing property management platform, ORBIT, currently in BETA testing, members can organise property records, document investigations and repairs, and record communications with tenants efficiently. ORBIT’s tools aim to help landlords maintain clear evidence of compliance activity, which is crucial under the tightened timescales and increased penalties.

Members can also access up-to-date information on tenancy succession rules and wrongful termination procedures, helping them prepare for and respond to these changes confidently. TLA encourages landlords and agents managing Scottish properties to explore membership benefits and ORBIT BETA access to support meeting the new regulatory demands.

Looking ahead, landlords should continue monitoring regulatory updates and tribunal decisions to ensure ongoing compliance and minimise risks associated with these reforms.

Sources: Landlord Today