From 6th October 2026 there are new rules in Scotland which mean landlords must respond to a tenant reporting issues with damp and mould within set timescales.
The rules are often called Awaab’s Law named in memory of two year-old Awaab Ishak who died from a serious lung condition caused by mould in his home in England. They were introduced as part of the Investigation and Commencement of Repair (Scotland) Regulations 2026.
If you rent your home from a private landlord, council or housing association, here’s what you need to know.
How do I know if I have damp or mould in my property?
Damp and mould are different things, but they often appear together.
Damp means a part of your home becomes too wet. There can be lots of reasons why damp can happen.
Mould is a fungus that grows on damp.
Mould is more likely to grow if an area stays wet for too long without having chance to dry out.
How do I tell if I have damp and mould?
Sometimes damp is easy to spot. It might be a dark or wet patch on a wall, floor or ceiling.
It could mean a bigger problem if it does not dry out quickly or keeps coming back.
Some common signs of damp can be:
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paint or wallpaper peeling off
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walls feel wet when you touch them
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wood in your home feels wet or spongy
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a musty smell, like soil or a blocked drain
Where does mould grow?
Mould can grow anywhere that might be damp, including walls, floors and ceilings.
It is common for mould to grow around windows and more likely on external walls. It also often grows around baths, showers and sinks.
It also grows behind furniture and inside wardrobes.
What does mould look like?
There are many different types of mould. It can be white, green, black and other colours.
Mould can be furry, or look like stains on walls. Sometimes it looks like groups of little dark spots.
Shelter Scotland have some additional advice on different types of damp and how to identify these on their website here.
The Scottish Government has published guidance to help tenants understand how to identify damp or mould, what Awaab’s Law is and what it means for them. You can read this guidance on their website here.
What should I do if I find damp or mould?
Tell your landlord as soon as possible.
You can report it in the normal way you’d report a repair or problem with your home. There is no requirement for you to report this in writing or via email, but it may be useful to do this if your landlord fails to act within the required timescales.
When reporting this to the landlord, we’d recommend that give them as much information as you can, including:
We also strongly recommend that you include photos showing the current issues and the condition of the property as these can be helpful to keep a record if the issue gets any worse or the landlord fails to act.
You don’t need to know what is causing the problem before you report it. It is your landlord’s job to investigate it.
What should happen next?
1. Your landlord investigates – within 10 working days
Once your landlord knows about the damp or mould, they normally have 10 working days to investigate it.
This may involve someone visiting your home to look at the problem.
You will need to give them reasonable access to your home so that they can investigate and carry out any necessary work. This just means that either you need to be in the property when they come to investigate or consent to them entering the property without you present to investigate.
2. You get the findings in writing – within 3 working days
Once the investigation is finished, your landlord has 3 working days to send you a written summary of what they found.
It should tell you:
If your landlord decides the problem does not fall under Awaab’s Law, they should explain why. This does not necessarily mean that no repair is required. Other repairing duties and your landlord’s responsibility for repairs may still apply. For more information on this please refer to our Repairs advice page.
3. Repairs start – within 5 working days
If the investigation finds substantial damp or mould and repairs are needed, your landlord must start the necessary repair work within 5 working days of the investigation being completed.
The aim of those repairs should not simply be to just clean up what you can see. Your landlord should consider what needs to be done to make your home safe and prevent the problem from continuing or coming back.
4. Repairs are completed – within 20 working days
If you rent from a council or housing association, the required repair work should normally be completed within 20 working days.
Private landlords do not have the same timescale as they often rely on contractors, but they must complete the repair work as soon as they can.
Sometimes further work may be needed to deal with the underlying problem. Your landlord must make sure your home continues to be substantially free from damp and mould and should carry out any further necessary work as soon as possible.
What if there is a delay?
There may be circumstances outside your landlord’s control which mean they cannot complete an investigation within the usual 10 working days.
If this happens, they should tell you in writing why there is a delay and when the investigation will take place.
They should also consider what they can do in the meantime to reduce the problem or keep your home safe.
If your landlord has tried to arrange access and you do not allow them into your home, this can also affect the timescales.
What if I disagree with the landlord?
If you disagree with what your landlord has found, tell them why. You may think the problem is more serious than their investigation suggests, have new information to give them, or find that the problem is continuing. Again, it is best to communicate this to your landlord in writing or via email to ensure you have an accurate record of what you’ve told them and when.
Your landlord should consider the information you provide and decide whether another investigation is needed. If a new investigation is needed, the Awaab’s Law timescales start again.
What if the damp or mould comes back?
You should report it again as soon as possible. Your landlord should be trying to deal with the underlying cause, not just the immediate signs of the problem. If the problem returns, another investigation may be needed.
What if my landlord doesn’t follow the rules?
Start by raising the issue with your landlord and, if necessary, use their formal complaints process.
If you rent from a private landlord you have the right to refer the matter to the First-Tier Tribunal for Scotland (Housing and Property Chamber) for a determination. They can order your landlord to carry out the necessary repairs.
In some instances, you may wish to contact your local authority’s private renting or environmental health team.
If you rent from a council or housing association, you may also have rights under the Right to Repair Scheme if your landlord fails to meet the Awaab’s Law timescales.
You may be entitled to compensation of £15 initially, plus £3 for each additional working day until the repair is completed, up to £100 for each repair.
If you have complained to your landlord and are still unhappy, you may also be able to take your complaint to the Scottish Public Services Ombudsman (SPSO).
If you have any questions relating to any stage of this process please reach out to the SRC Advice Centre for advice.