From October, landlords across Scotland will be legally required to investigate reports of damp or mould within set timescales, and to begin any necessary repairs promptly once a problem is identified.

The new duties are commonly referred to as “Awaab’s Law,” in memory of two-year-old Awaab Ishak, who died after prolonged exposure to mould in his home in England — a tragedy that prompted similar reforms south of the border and has now shaped this dedicated Scottish framework.

The regulations sit alongside, and build upon, landlords’ existing obligations under long-standing housing legislation, including the Housing (Scotland) Acts of 1987, 2001, 2006 and 2010, and the Scottish Secure Tenants (Right to Repair) Regulations 2002.

The new guidance is designed to ensure reports are taken seriously and acted on quickly, rather than left to develop into more serious hazards.

The guidance’s legal weight differs depending on landlord type:

• Private landlords must have regard to it when assessing whether a property meets the Repairing Standard.
• Social landlords are not statutorily required to follow it under the Right to Repair Scheme, but the Scottish Housing Regulator will take it into account when monitoring and assessing landlord performance.
• Tenants and other stakeholders can also use it as a reference point for understanding the process.

Importantly, the guidance stresses collaboration. Tenants are encouraged to report concerns as soon as they arise, while landlords are expected to respond promptly and compassionately, working together toward a resolution.

The published guidance covers:

• The scope and legislative detail of Awaab’s Law
• Definitions of damp and mould, to support consistent investigation
• The investigation process and requirements for written summaries
• What it means to make a home “safe,” including when no repair may be needed
• How the new duties will be enforced

The Scottish Government notes that the guidance is not exhaustive. Every case is different, and landlords are expected to apply professional judgment and seek specialist advice where needed, while still meeting the regulations’ baseline requirements.