Investigating damp and mould under Awaab's Law in Scotland: a guide for surveyors

In person, unless there is a reason not to be

"Investigations should be conducted in person unless an alternative method is justified. In-person investigations enable investigators to directly observe issues that may be missed or misrepresented via photography or self-reporting, and to examine external factors that may be resulting in damp or mould."

Photos sent in by a tenant, or a landlord's triage call, do not replace the visit. The guidance allows a remote investigation where it is justified, such as at the tenant's request or where enough information has already been provided, but asks landlords to be mindful of the limits and keep a record of why (paragraph 4.4). Triage can help prioritise, but it does not change the duty or the timescale (paragraph 4.7).

Who counts as a competent person

The Regulations define a competent person as someone who, in the landlord's reasonable opinion, has the skills and experience to decide whether the house is substantially free from damp and mould and, if not, what work is required. No specific qualification is needed. The guidance suggests landlords consider whether the person has (paragraph 4.1):

• experience of inspecting or treating damp or mould in properties;
• a background in building surveying, housing maintenance, environmental health, construction, property inspection or a related field;
• a sufficient understanding of Scotland's housing standards framework.

Landlords and letting agents that do not have that experience in-house will be looking for independent surveyors who can attend inside the 10 working days and report quickly.

What the investigation has to decide

An investigation is complete only when it has decided whether the home is substantially free from damp and mould and, where it is not, what repair work is required (paragraph 4.6). It should consider the root cause (paragraph 4.5), because the repair has to keep the home free of damp and mould as far as reasonably practicable. In the guidance's words, "a mould wash without any other intervention is unlikely to be considered a suitable repair" if it does not do that (paragraph 6.5).

Assessing "substantially free"

There is no fixed test. The guidance gives investigators a framework to support a consistent judgement, not a checklist to apply mechanically (paragraphs 3.22 and 3.23):

• Exposure and extent: a large surface area, several patches or rooms, a damp or mouldy smell that suggests hidden moisture, and whether it is persistent.
• Heightened vulnerability: whether someone in the home is likely to be more affected, such as a baby, an older person or someone with a health condition (paragraph 3.26). Tenants do not have to provide medical evidence.
• Underlying cause: structural defects, or inadequate ventilation, insulation or heating contributing to persistent damp.

For "large", the guidance points to the tolerable standard: a house will normally be below it where persistent visible penetrating damp covers more than about 10% of the wall space or 10% of the ceiling in one apartment, or 20% of the wall space or ceiling in other spaces such as cupboards, utility rooms and lofts (paragraph 3.24). It also warns about hidden mould behind wallpaper, panelling, tiles and carpets, and about releasing spores by disturbing it (paragraph 3.25).

All four types of damp

Awaab's Law in Scotland applies to all types of damp and mould (paragraph 3.4). The guidance describes the same four causes a damp report already separates:

Evidence, not assumptions about the tenant

Landlords must not dismiss or fail to investigate a report on the assumption that it is condensation caused by how the tenant lives; cooking, bathing and drying laundry are everyday tasks (paragraph 3.19). If household factors are the main driver, the investigation should show it, and the landlord should then work with the tenant (paragraph 3.20). Surface temperatures, relative humidity and dew point let you show whether a wall is cold enough to condense at normal indoor humidity, which is a building question, or whether moisture load is the issue.

Complex cases and more than one investigator

Some cases need a second visit or a specialist, which may not fit inside 10 working days. The guidance treats that as possible exceptional circumstances: the landlord tells the tenant why and gives a revised timeframe, shares initial findings where possible, and takes reasonable steps meanwhile (paragraphs 4.8 to 4.10). Where more than one investigator is involved, each one's findings must be recorded in the written summary (paragraph 5.2), so your report should state its own findings and conclusions clearly.

The written summary

The landlord must issue a written summary within 3 working days after the investigation ends. It can be sent electronically, by post or by hand, and the deadline is for issuing it, not for the tenant receiving it (paragraphs 5.1 and 5.3). A letting agent or contractor may draft or issue it, but the landlord stays responsible (paragraph 5.4). It must include (paragraph 5.5):

• the name of the people or organisations who carried out the investigation;
• a brief summary of the process and findings, stating explicitly whether the house is substantially free from damp and mould;
• any repair work carried out during the visit;
• if substantial damp or mould was found, the work required and a target timeframe for starting it;
• if not, the reasons, and whether any work will be done under the landlord's own repair policy.

The Scottish Government provides an example and a blank template in Annexes C and D of its guidance.

When the damp comes back or spreads

If the damp or mould has significantly changed since the original investigation, such as spreading, or appears somewhere new, a new investigation is required and the clock starts again (paragraphs 4.12 and 6.7). A tenant who disagrees with an outcome should raise it with the landlord first; landlords are not required to re-investigate where nothing has significantly changed, but should keep clear records of the decision (paragraph 4.13).

What the guidance asks, and where DampApp Pro fits

Frequently asked questions