Awaab’s Law in Scotland: What Edinburgh landlords and tenants need to know

From October 6 2026, private and social landlords in Scotland will face new legal timescales for investigating reports of damp and mould and beginning any repairs that are needed.

Known as Awaab’s Law, the regulations are named after two-year-old Awaab Ishak, who died in 2020 after prolonged exposure to mould in his family’s housing association home in Rochdale. Scotland’s first set of Awaab’s Law regulations will focus specifically on damp and mould.

For tenants, the new rules provide clearer expectations about how quickly a report should be investigated and what information they should receive afterwards.

For landlords, they introduce defined response times and a stronger need for clear records, reliable contractors and good communication.

However, damp and mould are not becoming a landlord responsibility for the first time. Private landlords in Scotland must already ensure their properties meet the Repairing Standard, including keeping homes wind and watertight and substantially free from rising or penetrating damp.

What changes in October is the clock and the paper trail.

What are the new Awaab’s Law timescales? 

From October 6, landlords will need to:

For private landlords, the five-working-day deadline is a deadline to begin the required repair, not necessarily to complete every part of it. Once work has started, the repair must be completed as soon as reasonably practicable.

That distinction matters. A failed seal around a shower may be resolved quickly. A roof leak, damaged stonework or shared tenement repair may involve surveys, other owners, a factor, specialist contractors or weather conditions.

Where a landlord cannot meet a timescale because of circumstances genuinely beyond their control, they will need to explain the reason for the delay and the expected next steps clearly in writing.

Awaab’s Law does not mean every patch of mould has the same cause 

Damp and mould can have several causes and the right response depends on identifying what is actually happening.

In an Edinburgh property, the cause might be a plumbing leak, failed bathroom sealant, blocked guttering, damaged roof coverings, penetrating water through stonework, poor ventilation, inadequate heating, insulation problems or cold bridging. In some cases, several factors may be involved at the same time.

The Scottish Government’s existing Repairing Standard guidance is clear that condensation can be linked to inadequate heating, ventilation, insulation or defects in the building. It should not simply be assumed to be caused by tenant behaviour.

That is why the first step is investigation, not blame.

Where damp or mould is found not to be the result of a building defect, landlords would be expected to work with tenants and signpost them to appropriate advice and guidance.

Painting over mould may make the wall look better for a short time but it will not resolve a leaking roof or ventilation problem. Equally, where the property is sound but the way the home is being heated, ventilated or used is contributing to condensation, the landlord and tenant may need to work together on practical changes.

The written summary should make the findings and next steps clear.

What should tenants do if they notice damp or mould? 

Tenants do not need to work out whether they are looking at rising damp, penetrating damp or condensation before reporting it.

Report the issue as soon as you notice it. Clan Gordon tenants can report maintenance through FixFlo or follow the information on our existing tenants page.

When reporting damp or mould, it helps to include where it is, when you first noticed it, whether it is spreading or returning, whether there is visible water, staining or a musty smell, whether you have noticed a leak or problem with heating or ventilation and photographs or video, where possible.

Reasonable access is also required so the problem can be inspected and any necessary work carried out. For a Private Residential Tenancy, landlords must normally provide 48 hours’ notice for routine inspection or repair access, unless there is an emergency.

The earlier an issue is reported, the more likely it is that the cause can be identified before the damage becomes more serious.

What should landlords do before October? 

Responsible landlords should not see Awaab’s Law as a reason to panic. They should use it as a reason to check whether their current maintenance process is fast enough, clear enough and properly documented.

Before October 6 landlords should know:

• How tenants should report damp and mould.

• Who monitors those reports.

• How the date of awareness will be recorded.

• Who can carry out a competent investigation.

• How findings will be written up and sent to the tenant.

• Which contractors can begin urgent remedial work.

• How access requests will be managed.

• How shared tenement issues will be escalated.

• How delays outside the landlord’s control will be documented.

Our guide to why property maintenance matters for landlords explains why early intervention protects the property as well as the tenant experience.

It is also worth reviewing your wider landlord responsibilities and obligations, because Awaab’s Law sits alongside the existing Repairing Standard rather than replacing it.

What if the cause is a shared tenement repair? 

Edinburgh landlords may face an additional challenge where damp or water ingress comes from a common part of a tenement building.

A landlord may need to involve other owners, the property factor or specialist contractors. Roof repairs, gutters, external stonework and shared drainage can take longer to organise than a repair wholly within the flat.

That does not mean the issue can simply be parked.

The landlord should still arrange the investigation, keep the tenant informed, record the steps being taken and consider whether any temporary measures can reduce the impact while the full repair is organised.

Circumstances outside a landlord’s control may affect the legal timescale, but clear communication and evidence of action will be essential. Contractor availability, access, weather and shared structural issues may affect progress in some cases.

How Clan Gordon helps landlords and tenants 

At Clan Gordon, tenants can report maintenance issues centrally and include descriptions and photographs to help us appoint the right contractor.

Our Property Management team also carries out an inspection within the first eight weeks of a tenancy, followed by ongoing six-monthly visits. During these inspections, we look for early warning signs such as damp, cracked grout, deteriorating sealant and window issues before they develop into more serious problems.

These existing systems give us a strong foundation for the new Awaab’s Law requirements:

• Maintenance reports can be recorded and tracked.

• Tenants can provide photographic evidence.

• Inspections can identify possible causes.

• Contractors can be appointed where needed.

• Landlords and tenants can be kept informed.

• A clear record can show what has been investigated and progressed.

The Scottish Government is still preparing the detailed guidance that will explain matters including what constitutes substantial damp or mould, who qualifies as a competent person and what should appear in the written summary.

Better reporting protects people and property 

Awaab’s Law is important because nobody should be left living with damp or mould while reports disappear into an inbox or responsibility is passed around.

But faster action also benefits landlords.

An issue identified early may require a modest repair. The same problem left unresolved can damage plaster, flooring, furniture, decoration and the fabric of the building, as well as affecting the tenant’s health and confidence in the tenancy.

Clear reporting, proper investigation and prompt action give everyone a better outcome.

If you are a Clan Gordon tenant and need to report damp, mould or another maintenance concern, report it through FixFlo or contact our Property Management team.

If you are an Edinburgh landlord who wants a professional team to manage inspections, maintenance, communication and compliance, learn more about Clan Gordon’s property management service or contact our team.

This article provides general information and is not a substitute for legal advice. It was last updated on 4 August 2026.

Frequently asked questions 

Does Awaab’s Law apply to private landlords in Scotland? 

Yes. From October 6 2026, the new damp and mould duties will apply to both private and social landlords in Scotland.

Does every report of damp or mould need to be investigated? 

Landlords will be required to investigate reports of damp or mould within 10 working days of becoming aware of them. If the investigation identifies substantial damp or mould and repair work is needed, that work must begin within five working days of the investigation concluding.

Do repairs have to be finished within five working days? 

No. The five-working-day timescale is for beginning required repairs. Private landlords must then complete the work as soon as reasonably practicable. The 20-working-day completion limit referred to in some guidance applies to social landlords, not private landlords.

Can a landlord say that mould is caused by the tenant? 

The way a home is heated, ventilated or used may contribute to condensation, but this should be established through investigation rather than assumed. Scottish Government guidance states that condensation can also be caused by inadequate heating, ventilation, insulation or building defects.

What if another tenement owner or contractor causes a delay? 

The regulations allow for circumstances beyond the landlord’s control. However, the landlord should keep records, explain the delay to the tenant in writing and provide an expected timetable for the next steps.

What can a private tenant do if the landlord does not act? 

A private tenant should first report the problem clearly and keep copies of messages, photographs and other evidence. If the landlord does not take appropriate action, the tenant can apply to the First-tier Tribunal for Scotland Housing and Property Chamber, which can decide whether the property meets the Repairing Standard and order repairs. There is no fee to apply.