New Duties for Landlords to Address Damp and Mould

The Scottish government is introducing the Investigation and Commencement of Repair (Scotland) Regulations 2026, which will impose new responsibilities on landlords to investigate and repair reports of damp and mould within a specified timeframe once the regulations are approved by Parliament. This initiative follows the extension of Awaab’s Law, originally introduced in England’s social housing sector, to the private rented sector in Scotland. The law is named after Awaab Ishak, a two-year-old boy who tragically died in 2020 due to prolonged exposure to mould in his home.

Housing Secretary Màiri McAllan stated: “Everyone deserves to live in a home free from damp and mould. These regulations will help to ensure that’s the case by requiring any instances to be swiftly investigated by landlords and prompt action taken.” She highlighted that while 90% of Scottish homes are currently free from damp and mould, the government aims to protect all tenants by extending these measures to both social and private rented housing. The government has worked closely with tenant groups, landlords, and other stakeholders to develop regulations that are both protective and practical.

Scottish Landlords Advocate for Balanced Legislation

The Scottish Association of Landlords (SAL) has welcomed the focus on tenant safety but urges the government to ensure the new regulations do not unduly hinder landlords. SAL Chief Executive John Blackwood emphasised the importance of collaboration: “Awaab Ishak’s death was tragic and we must all ensure this never happens again. All SAL members take the safety of our properties extremely seriously and we commit ourselves to upholding the highest standards possible.” He added that it is crucial for legislators to balance tenant protection with the practical realities landlords face, and SAL will work with government and stakeholders to achieve this.

This balanced approach is important for landlords who must manage the practical and financial implications of repairing damp and mould issues promptly, often within tight timescales. Ensuring regulations are workable will help maintain good landlord-tenant relationships and uphold housing standards without imposing unreasonable burdens.

Support for Responsible Landlords Amid Housing Challenges

Meghan Gallacher MSP, Scottish Conservative Shadow Cabinet Secretary for Housing, also stressed the need to support responsible landlords as these regulations are implemented. She said: “Everyone deserves to live in a home that is safe, warm and free from damp and mould, which is why we support the principles behind Awaab’s Law.” However, she expressed concern about the Scottish Government’s ability to deliver these protections amid an ongoing housing crisis.

Gallacher called for effective enforcement of the rules alongside support for landlords who maintain their properties responsibly. She highlighted the importance of addressing the underlying housing shortage in tandem with tenant protections to create a fairer and more secure rental sector for all parties involved.

What This Means for Landlords

Landlords in Scotland should prepare for new legal duties to investigate and remedy damp and mould issues swiftly once the regulations come into force. While these measures aim to improve tenant wellbeing, landlords will need to ensure they have processes in place to respond promptly to reports of damp and mould. Engaging with tenant concerns early and maintaining property standards will be essential to comply with the new requirements and avoid potential enforcement action.

At the same time, landlords can expect ongoing dialogue with landlord associations and government bodies to ensure that regulations remain practical and balanced. Responsible landlords who proactively manage property conditions will be better positioned to meet these evolving standards.

Conclusion

The extension of damp and mould regulations to Scotland’s private rented sector represents a significant step in tenant protection. Scottish landlords, through SAL and political representatives, are advocating for a fair approach that protects tenants without placing undue strain on landlords. As these regulations develop, landlords should stay informed and prepare to meet their new responsibilities to maintain safe, healthy homes.

Suggested internal link anchors

• damp and mould issues
• private rented sector regulations
• landlord responsibilities
• tenant protection laws
• Scottish Association of Landlords
• housing standards Scotland
• property maintenance obligations
• rental sector compliance
• housing crisis Scotland
• Awaab’s Law

TLA update

TLA is launching a new Trusted Partners Hub in Q1 2026, featuring verified and approved service providers selected to support landlords, tenants, and property management businesses. We are inviting legal, trades, insurance, financial, mortgage, tenant screening, and other service providers to register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/