Ministers consider new rules forcing landlords to investigate damp and mould complaints to set timescales

The first set of regulatory requirements under Awaab’s Law were on Monday brought before Scottish parliament.

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Subject to approval, the Investigation and Commencement of Repair (Scotland) Regulations 2026 will introduce new duties on landlords to investigate reports of damp and mould and start any necessary repairs within a set timescale.

Awaab’s Law is named after two-year-old Awaab Ishak who died in 2020 from a respiratory condition caused by prolonged damp and mould exposure in a social home.

In March 2025, the Scottish government announced its intention to introduce Awaab’s Law but did not provide a timeline. It said the legislation would amend the existing Housing (Scotland) Bill to broaden ministers’ powers to impose timeframes on social landlords to investigate and fix disrepair.

The modifications have been referred to the local government, housing and planning committee but as yet there is no timetable for its work on the regulations.

The impact assessment said: “Subject to parliament’s approval, the regulations will commence on 6 October 2026 to enable landlords, tenants and stakeholders across the rented sector to familiarise themselves with the new duties.”

Awaab’s Law was introduced in England and Wales in October 2025 for social housing. It will extend to the private rented sector in May 2026.

Housing secretary Màiri McAllan said: “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.

“In Scotland, while 90% of homes are free from damp and mould, we want to make sure everyone is protected. That’s why we are leading the way in rolling out these protections to both social and private tenants. We have worked closely with tenant groups, landlords and other stakeholders to develop regulations that protect tenants while being practical for landlords to implement.

“We will also be raising awareness of the importance of identifying and addressing damp and mould issues as quickly as possible.”