Under the Investigation and Commencement of Repair (Scotland) Regulations 2026, landlords will have strict timescales to investigate any report of damp or mould, provide written findings, and carry out necessary repairs.

Guidance for landlords and tenants was published by the Scottish Government ahead of the legislation going live on 6 October.

This outlines:

• landlords must ensure reports of damp or mould are investigated promptly - this includes reports made by tenants or issues landlords discover during unrelated visits such as inspections
• investigations and repairs must be carried out by someone with relevant skills and experience
• necessary repairs must tackle the root cause of the damp or mould, not just treat the symptoms.

Housing secretary Shirley-Anne Somerville said: “Everyone deserves the right to live in a warm, safe and secure home, free from disrepair. These regulations mean any reports of damp or mould will be swiftly investigated, with landlords required to appropriately tackle the root cause.

“The vast majority of homes in Scotland are already free from damp and mould, but we’re determined to protect everyone, which is why we’re extending these safeguards to social and private tenants. Shaped through close work with tenant and landlord representatives, we have published guidance giving landlords the clarity they need to comply confidently, while ensuring tenants are clear on their rights.

“With the law coming into force next week, it’s vital that both landlords and tenants take the time now to understand their rights and responsibilities. We’ll also be raising awareness of just how important it is for landlords and tenants to work together, so that damp and mould issues are identified early and resolved quickly.”

The Scottish Government brought forward Awaab’s Law following the death of two-year-old Awaab Ishak, who died in 2020 from a severe respiratory condition caused by prolonged exposure to mould in his home in England.

Two other measures in the Housing (Scotland) Act 2025 also come into force on 6 October.

The time that a qualifying person needs to have lived in a residential tenancy to inherit the tenancy on the death of a tenant will reduce from 12 months to six months.

In addition, the amount that can be awarded by the First-tier Tribunal to a tenant where a tenant’s private residential tenancy has been wrongfully terminated will be increased to between three and 36 months’ rent.