Awaab's Law in Scotland: the damp and mould rules from 6 October 2026

Scotland's version of Awaab's Law is narrower than England's in one way and wider in another. It covers damp and mould only, with no separate emergency-hazard category, but it applies to private landlords from day one, where England's rules still apply only to social housing.

The timescales

Each period begins with the day after the event that starts it. A working day is any day other than a Saturday, a Sunday or a bank holiday in Scotland, so St Andrew's Day and 2 January do not count. Our free Scotland timeline calculator works the dates out for you.

The timescales are maximums. Where another rule requires faster action, the faster one applies: a significant leak in a social tenancy must still be fixed within 1 working day under the Right to Repair Scheme, with the damp and mould work following on the Awaab's Law clock.

Who it covers

• Social tenants: homes let on a Scottish secure tenancy or short Scottish secure tenancy, under the Right to Repair Scheme.
• Private tenants: homes covered by the Repairing Standard in the Housing (Scotland) Act 2006, which now includes a new requirement that the house is "substantially free from damp and mould".
• Temporary accommodation is covered where it falls under either scheme. Occupancy agreements and mobile homes are outside the Repairing Standard, and landlords of publicly provided Gypsy/Traveller sites are expected to meet the investigation, summary and repair-start timescales through the Minimum Site Standards rather than the Regulations.

The duties apply where the damp or mould is in a part of the building the landlord is responsible for and the repair is the landlord's to make.

When the clock starts

The clock starts when the landlord is told, or otherwise becomes aware, that the home is or may be affected by damp or mould. That can be a tenant's report, but also something seen on a routine visit, found during another repair, or reported by a contractor or housing support worker. Sensor readings on their own do not count as awareness, although the guidance asks landlords to investigate consistent readings promptly.

Landlords must not assume a report is condensation caused by how the tenant lives. Cooking, bathing and drying laundry are everyday tasks, and the guidance says they should not be blamed for substantial damp or mould growth.

An investigation in person

The Scottish Government's guidance says investigations should be conducted in person unless an alternative method is justified, because an investigator on site can see what photographs or a tenant's description may miss or misrepresent, and can check the outside of the building for the cause (paragraph 4.3). A remote investigation can be appropriate, for example at the tenant's request or where enough information has been provided, but the landlord should record why (paragraph 4.4).

The investigation is complete only when it decides whether the home is substantially free from damp and mould and, if not, what repair work is needed, looking at the root cause. Our guide for surveyors covers what the guidance asks investigators to consider and what the written summary must say.

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 meanwhile take reasonable steps where practicable to limit the damp or mould, such as a mould wash or a temporary fan. The guidance lists severe weather, illness, contractor or supply shortages, no access despite reasonable attempts, and delays in getting permissions as examples. Landlords are encouraged to keep clear records of every attempt to comply.

Enforcement

• Social tenants can claim compensation under the Right to Repair Scheme if the investigation or the start of repairs is late: £15, plus £3 for each further working day, up to £100 for each duty. The Scottish Housing Regulator will have regard to the guidance when it monitors landlords.
• Private tenants 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, and a Rent Relief Order can follow.

How it differs from England

Where DampApp Pro fits

Every Scottish landlord now needs a competent person on site within 10 working days, and a written summary three days later. DampApp Pro is built for that visit:

• On site and offline: record each room, wall and defect with moisture readings and photos, with no signal needed.
• Evidence for the cause: temperature and humidity give dew point and condensation risk, so the report can separate condensation from rising, penetrating or leak damp.
• Dated photos: the report can show each photo's capture time from its EXIF data, or the time it was added.
• A report before you leave: the PDF is built on your device, with optional AI help to turn shorthand into clear wording you check.
• A letter for the household (Pro): a plain-English summary letter drafted from the survey, which you edit to cover what the written summary must say.

Genuinely free to start: surveys work offline and free PDFs carry a small app footer. Upgrade to Pro when you're ready for your own branding, the resident letter and the full toolkit.

Frequently asked questions