Awaab's Law in Scotland for private landlords and letting agents.

Damp and mould are now part of the Repairing Standard

The Regulations add a new item to the Repairing Standard in the Housing (Scotland) Act 2006: the house is substantially free from damp and mould. They also set out what a private landlord must do once they are told, or otherwise become aware, that a home is or may be affected. Private landlords must have regard to the Scottish Government's guidance when judging whether a house meets the Repairing Standard (paragraph 1.7).

The timescales are the same for social and private landlords up to the start of repairs. After that, social landlords have 20 working days to complete the repair, while private landlords must complete it within a reasonable time. Each period begins the day after the event that starts it, and a working day excludes weekends and Scottish bank holidays such as St Andrew's Day.

The Scottish Government's tenant guidance says cases reported before 6 October 2026 are not subject to the Awaab's Law timeframes. Our sister app DampApp Pro has a free Scotland deadline calculator that counts the working days for you.

Your inspection report can start the clock

A tenant's report is not the only trigger. The guidance lists a routine inspection or visit, another repair, and a report from a contractor or other third party as ways a landlord can become aware (paragraph 3.16). A mid-tenancy inspection that records damp or mould is therefore worth passing to the landlord the same day, with photos, so the 10 working days are spent investigating rather than waiting.

The guidance also says landlords must not assume a report is condensation caused by the tenant's lifestyle, because cooking, bathing and drying laundry are everyday tasks (paragraph 3.19). A record of what was seen, where and when, is more useful than a first impression.

Who investigates, and how

The investigation must be done by a competent person: someone who, in the landlord's reasonable opinion, has the skills and experience to decide whether the home is substantially free from damp and mould and what repair work is needed. No specific qualification is required. The guidance suggests considering experience of inspecting or treating damp and mould, a background in building surveying, housing maintenance, environmental health, construction or property inspection, and an understanding of Scotland's housing standards (paragraph 4.1).

Investigations should be in person unless an alternative method is justified, because an investigator on site can see what photos or a tenant's description may miss, and can look at the outside of the building for the cause (paragraph 4.3). A remote investigation can be appropriate in some cases, such as at the tenant's request, but the landlord should record why (paragraph 4.4).

The written summary

The summary must be issued within 3 working days after the investigation ends, and can go by email, post or by hand (paragraphs 5.1 and 5.3). A letting agent may draft or issue it, but the landlord stays responsible (paragraph 5.4). It must name who investigated, summarise the findings, say explicitly whether the home is substantially free from damp and mould, note any work done during the visit, and either set out the work needed with a target start date or explain why none is needed (paragraph 5.5). The Scottish Government publishes an example and a blank template in Annexes C and D of its guidance.

When a deadline cannot be met

If circumstances beyond the landlord's control prevent the investigation or the start of repairs in time, the landlord must tell the tenant which duty cannot be met and why, give a revised timeframe, and take reasonable steps where practicable to limit the damp or mould meanwhile. If a tenant will not or cannot allow access, the landlord is not in breach provided they made reasonable attempts (paragraph 4.15). Keep a record of every attempt: the guidance says landlords will need evidence of compliance, or of why they could not comply, if a tenant complains (paragraph 2.15).

Enforcement

A private tenant can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), which must consider whether the landlord met the new duties. The Tribunal can issue a Repairing Standard Enforcement Order. Failing to comply without reasonable excuse is a criminal offence, the local authority can carry out the work and recover the cost, and a Rent Relief Order can restrict the rent until the order is met (paragraph 7.7).

Where PropertySurvey Pro fits

• Room by room: condition, damage notes and maintenance required for each room, with photos and optional temperature and humidity readings.
• Outside too: rate the roof, guttering, walls and ground levels on each elevation, where penetrating damp usually starts.
• Costs: list the repair items the inspection calls for, with or without prices.
• Follow-up visits: start a return visit from a finished survey so a recheck carries the rooms across; with Pro, the report adds a section on what changed.
• Dated photos (Pro): print the date and time each photo was taken or added.
• On site and offline: the PDF is built on your device before you leave.

For a specialist damp investigation with moisture readings and dew point analysis, see our sister app's guide to investigating damp and mould in Scotland. Council or housing association? HousingSurvey Pro, from the same team, is built for stock-wide Awaab's Law case management.