Awaab’s Law in Scotland: What Edinburgh Landlords and Tenants Need to Know

Damp and mould cases can become difficult very quickly, not always because somebody is refusing to act, but because people make different assumptions about what is causing the problem. 

A tenant sees mould and worries that the property is unsafe. A landlord suspects condensation. A contractor needs more information. A property factor may need to become involved. In an Edinburgh tenement, the source could be a shared roof, external stonework, a gutter, a plumbing problem or a combination of several different factors. 

While everyone is trying to establish who or what is responsible, the underlying problem can continue to get worse. 

From 6 October 2026, Awaab’s Law will introduce a much clearer process for dealing with reports of damp and mould in rented homes across Scotland. Landlords will be required to investigate reports within a set period, provide the tenant with written findings and begin any required repairs within a further deadline.  

The legal duty to respond, investigate and carry out repairs for which the landlord is responsible sits with the landlord. However, the best outcomes will still depend on tenants reporting concerns early, landlords investigating rather than assuming the cause, reasonable access being provided and everyone communicating clearly while the matter is resolved. 

Information checked on 4 August 2026: The regulations have been made and will come into force on 6 October 2026. The Scottish Government is still preparing detailed implementation guidance and says it intends to publish this by the end of summer 2026. Albany Lettings will review and update this guide when that guidance becomes available.  

What is Awaab’s Law? 

Awaab’s Law is named after Awaab Ishak, a two-year-old boy who died in 2020 following prolonged exposure to mould in his family’s housing association home in England. 

Following a campaign by Awaab’s parents, new protections were introduced in England. Scotland has now created its own legal framework through the Investigation and Commencement of Repair (Scotland) Regulations 2026, also known as SSI 2026/173.  

The Scottish rules are not simply a copy of the English regulations. They apply to both private and social landlords in Scotland and introduce specific duties around investigating and responding to reports of damp and mould. 

For private landlords, the new duties will form part of Scotland’s existing Repairing Standard framework. That means they will sit alongside the responsibilities landlords already have to ensure that rented properties meet minimum physical and safety standards.  

The new damp and mould timescales in Scotland 

From 6 October 2026, private and social landlords will be required to follow three main deadlines. 

Investigate within 10 working days 

A report of damp or mould must be investigated by a competent person within 10 working days of the landlord being notified by the tenant or otherwise becoming aware of the issue. 

The regulations use the term “competent person”. More practical detail on how competence should be assessed is expected in the Scottish Government’s implementation guidance.  

Provide written findings within three working days 

The tenant must be given a written summary of the investigation findings within three working days of the investigation being completed.  

Begin required repairs within five working days 

Where the investigation concludes that work is required, the landlord must ensure that the work begins within five working days of the investigation being completed.  

The three-working-day and five-working-day deadlines both run from the completion of the investigation. They should not be presented as a consecutive 10 days, followed by another three days, followed by another five days before action needs to begin. 

Beginning a repair does not always mean completing it within five working days 

This is one of the most important distinctions for Edinburgh landlords. 

The new regulations require any necessary repair work to begin within five working days of the investigation. They do not create a universal requirement for every private rented sector repair to be completely finished within five working days. 

Some problems may be resolved quickly. Others will require several stages of work. 

For example, water ingress in a traditional Edinburgh tenement could involve: 

• inspecting the internal damage;  
• identifying whether the source is a roof, chimney, gutter, external wall or neighbouring property;  
• arranging access to a common area;  contacting the property factor;  consulting other owners;  
• instructing a specialist contractor;  
• obtaining permission or agreement for common work;  
• arranging scaffolding;  
• completing the external repair;  
• allowing the building fabric to dry; and  
• repairing or redecorating the internal area.  

The Scottish Parliament’s analysis of the regulations confirms that there is no set completion deadline for private rented sector repairs, unlike the separate Right to Repair arrangements that apply to qualifying repairs in social housing. Private landlords must still progress the work appropriately and comply with the Repairing Standard.  

Complexity may affect how long a repair takes to finish. It should not prevent the landlord or managing agent from investigating the problem, recording the findings, beginning the appropriate work and keeping the tenant informed. 

What happens when a deadline cannot be met? 

The regulations recognise that there will be circumstances outside a landlord’s control. 

Where a private landlord cannot meet one of the duties for reasons beyond their control, the tenant must be informed in writing. The landlord must explain why the deadline cannot be met and provide a reasonable timescale within which they expect to comply.  

Until the duty can be met, the landlord must also take reasonable steps, where practicable, to minimise the extent to which the home is affected by damp or mould.  

Depending on the circumstances, a delay could involve: 

• waiting for specialist testing or investigation;  
• difficulty obtaining access;  severe weather preventing external work;  
• the availability of a suitably qualified contractor;  
• scaffolding or specialist equipment;  
• a common repair involving a property factor or other owners;  
• consent being required for work to a shared part of the building;
• or  materials that cannot be sourced immediately.  

These are practical examples rather than a definitive list of accepted reasons. The landlord should be able to show what has been arranged, why the delay is outside their control, when the next step is expected and what is being done in the meantime. 

The Scottish Government has emphasised the importance of notifying tenants about delays, explaining the next steps and giving indicative timescales for completion.  

Why landlords need to investigate rather than assume 

Mould is a visible symptom. It does not, by itself, prove what is causing the problem. 

The cause could include penetrating damp, a plumbing leak, defective stonework, roof damage, inadequate ventilation, insufficient heating, cold bridging, insulation defects or moisture generated inside the property. In some cases, more than one factor will be involved. 

The Scottish Government’s current Repairing Standard guidance specifically warns that condensation can be caused by inadequate heating, ventilation, insulation or defects in the building fabric. It also says condensation cannot simply be assumed to be the result of tenant behaviour. Where mould is suspected, landlords should seek appropriate professional expertise and take the necessary action to ensure the home is safe.  

That does not mean the way a home is being used is never relevant. Heating, ventilation, occupancy and day-to-day activities can all form part of the investigation. The point is that the answer should come from evidence, not from an assumption made before the property has been properly assessed. 

As Alana Shepherd, Albany Lettings’ Head of Property Management, explains: 

“It’s important to understand the building first, then decide the right course of action.” 

Alana’s experience with Edinburgh’s traditional tenements, listed buildings and conservation areas means she understands that apparently similar problems can have very different causes. Meet the Albany Lettings team in Edinburgh.  

The landlord’s legal duty and the tenant’s practical role 

Awaab’s Law should not become another argument about whether every case is the landlord’s fault or the tenant’s fault. 

The landlord has the legal duty to ensure that a report is investigated, that the findings are provided in writing and that repairs for which the landlord is responsible begin within the relevant timescale. 

Tenants also have an important practical role in helping the issue be assessed and resolved. 

What landlords and managing agents need to do 

Landlords should make sure there is a clear process for reporting damp and mould, record when the concern was received and arrange an appropriate investigation. 

They should avoid making a final diagnosis from a photograph alone, provide the findings to the tenant in writing, begin any required work, record any dependencies and communicate clearly if a deadline cannot be met. 

Good records should include the original report, photographs, access arrangements, inspection findings, contractor instructions, messages sent to the tenant, updates from a factor and evidence of any interim work. 

As Albany Property Manager Clarisse Du Lac puts it: 

“In this industry, if it isn’t written down, it didn’t happen.” 

Clear documentation protects the tenant, helps the landlord demonstrate what action has been taken and gives contractors or factors a reliable record to work from.  

What tenants can do 

Tenants should report damp or mould as soon as they notice it rather than waiting to see whether it gets worse. 

A useful report should explain: 

• which room or rooms are affected;  
• where the damp or mould is appearing;  
• when it was first noticed;  
• whether it is spreading or becoming worse;  
• whether there is an active leak;  
• whether the heating,
• windows or extractor fans are working;  
• whether the problem appears after rain or at particular times; and 
•  whether anybody in the property has a health condition that may be relevant.  

Photographs and videos can help, but they should support an investigation rather than replace one. Providing reasonable access and following sensible interim advice can also help the problem be resolved more quickly. 

Tenant cooperation does not remove the landlord’s duty to investigate or carry out repairs for which the landlord is responsible. It gives everyone better information and makes it easier to identify the correct solution. 

The Scottish Government’s Regulatory Review Group has similarly recognised that damp and mould can involve structural issues and human behaviour, and that landlords and tenants will often need to work together to resolve the problem.  

What should the written investigation summary contain? 

The regulations require landlords to give tenants a written summary of the investigation findings. As at 4 August 2026, the final implementation guidance setting out the practical detail is still being prepared. 

In the meantime, we believe a useful written summary should include: 

• the date the problem was reported;  
• the rooms or areas affected;  the date of the investigation;  
• who carried out the investigation;  
• the visible extent of the problem;  the likely cause or causes;  
• whether further investigation is needed;  
• whether repair work is required; 
•  what work will be instructed;  
• when the work is expected to begin; 
• any access, factor or contractor dependencies;  
• any temporary steps being taken;  
• the date of the next update; and  
• how the tenant should report a change or deterioration.  

A written summary should not be treated as a compliance form that is filed away and forgotten. It should provide the tenant and landlord with a clear plan for what happens next. 

Why Edinburgh properties can require a more involved response 

The legal timescales apply throughout Scotland, but Edinburgh’s housing stock can make the investigation and repair process more involved. 

Traditional stone tenements, shared roofs, common gutters, internal downpipes, conservation requirements, mixed ownership and property factors can all affect how work is diagnosed and arranged. 

A landlord may not have direct control over every stage of a shared repair. However, the involvement of a factor or other owners should not result in the tenant receiving no update while the matter sits unresolved. 

The landlord or managing agent should still be able to show: 

• when the report was received;  
• when the property was investigated;  
• what the investigation found;  
• who has been contacted;  
• what work has been requested;  
• what is currently causing the delay;  
• what can be done in the meantime; and  
• when the next update will be provided.  

This is where experienced local property management matters.

Understanding how an Edinburgh building works, who is responsible for each part and how to coordinate several parties can be as important as instructing the repair itself. 

How Edinburgh landlords can prepare before 6 October 2026 

Landlords should not wait until the first report arrives after the regulations take effect. 

Before 6 October, it is sensible to: 

• review any open or recurring damp and mould cases;  
• check that tenants have a clear reporting route;  
• confirm how the date and time of each report will be recorded;  
• identify who can carry out appropriate investigations;  
• agree response expectations with contractors;  
• create templates for acknowledgements and written findings;  
• create a process for communicating delays;  
• make sure access attempts are properly documented;  
• check factor and common repair contact details;  
• review properties with a history of leaks or recurring mould;  
• train anybody involved in handling maintenance reports; and  review the Scottish Government’s final guidance once it is published.  

The most important preparation is not a new form or a single contractor agreement. It is creating a process in which every report has an owner, a deadline, a documented next step and a clear route through to resolution. 

How Albany Lettings manages repair reporting 

At Albany Lettings, maintenance issues are reported through Fixflo, our online repair reporting system. 

Fixflo allows tenants to submit details, upload photographs and provide information about when and where the problem is occurring. Reports can then be assessed, assigned and monitored, creating a clear record of what has been reported and what action is being taken. 

Existing Albany tenants can report a repair through Fixflo at any time. Our guide to reporting repairs in Edinburgh also explains what information to include and when an urgent report should be followed by a telephone call.  

Our wider property management service for Edinburgh landlords includes maintenance coordination, routine property inspections, photographic reporting and communication with landlords and tenants.  

We are continuing to review our processes ahead of 6 October and will take account of the Scottish Government’s final implementation guidance when it is published. 

A clear process is better than a blame game

Awaab’s Law does not mean that every case of damp or mould has the same cause. It does not mean tenant behaviour can never be relevant, and it does not require every complicated structural repair to be completed within five working days. 

It does mean that reports should not be left sitting unanswered while everybody debates whose fault the problem might be. 

From 6 October 2026, the process will be much clearer: investigate the concern, provide the findings in writing, begin any required repairs, explain unavoidable delays and keep communicating until the issue has been appropriately resolved. 

That protects tenants, helps responsible landlords demonstrate that they have acted properly and reduces the chance of a manageable problem becoming a much more serious and expensive one. 

Are you an Edinburgh landlord? 

Keeping up with changing Scottish property legislation while coordinating tenants, contractors, factors and compliance can place a significant demand on landlords. 

Albany Lettings provides hands-on property management for Edinburgh landlords, supported by a local team with extensive experience of the city’s rental homes and traditional buildings. 

Book a call with the Albany Lettings team to discuss your property and how professional management could help you prepare for the changes ahead. 

Are you an Albany tenant? 

Please report damp or mould as soon as you notice it using Albany’s Fixflo repair reporting system. Include photographs, the affected rooms, when the issue began and whether it is becoming worse. 

Where there is an active leak or another urgent risk, submit the report through Fixflo and then telephone our Edinburgh office on 0131 229 3999.

About Albany Lettings 

Albany Lettings is an Edinburgh-based residential letting and property management specialist, established in 1995. 

For more than 30 years, we have supported landlords across Edinburgh through changing market conditions, evolving legislation and the realities of long-term property ownership. 

Our approach is practical, people-focused and grounded in local experience. We are known for straightforward advice, robust compliance processes and consistent communication. Whether you own one property or a growing portfolio, our role is to guide you, reduce risk and help your investment perform over the long term. 

Albany Lettings is part of the Quicklet Group. 

Awaab’s Law Scotland: Frequently Asked Questions 

When does Awaab’s Law come into force in Scotland? 

Awaab’s Law comes into force in Scotland on 6 October 2026. The first regulations focus on reports of damp and mould.  

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

Yes. The Investigation and Commencement of Repair (Scotland) Regulations 2026 introduce duties for both private and social landlords. For private landlords, the duties will operate through the existing Repairing Standard framework.  

Does every damp or mould repair have to be completed within five working days? 

No. If the investigation concludes that work is required, the work must begin within five working days of the investigation being completed. 

There is no universal statutory completion deadline for private rented sector repairs under these regulations. The work must still be appropriately progressed and the property must meet the Repairing Standard.  

Can a landlord say that mould is caused by condensation? 

Condensation may be part of the cause, but it should not be assumed without an appropriate investigation. 

Scottish Government guidance says condensation can result from inadequate heating, ventilation, insulation or defects in the building fabric, and cannot automatically be attributed to tenant behaviour.  

What happens if a factor or another owner delays a repair? 

Where a landlord cannot meet a duty for reasons outside their control, they must inform the tenant in writing, explain the reason and provide a reasonable timescale. 

The landlord must also take reasonable steps, where practicable, to minimise the extent of the damp or mould while the matter is being progressed.  

What should a tenant do when they discover damp or mould? 

The tenant should report it as soon as possible and provide details of where it is occurring, when it began and whether it is getting worse. Photographs, videos and information about leaks, heating or ventilation problems can help with the initial assessment. 

Albany tenants can report damp or mould through Fixflo. 

Who can investigate a damp or mould report? 

The regulations state that the investigation must be completed by a competent person. The detailed Scottish Government guidance is expected to provide further practical information about how this should be applied.  

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

A private tenant can apply to the First-tier Tribunal for Scotland Housing and Property Chamber if they believe the property does not meet the Repairing Standard. 

The Tribunal must consider whether the landlord has complied with the new investigation and repair commencement duties when considering compliance with the Repairing Standard.  

Do landlords have responsibilities before 6 October 2026? 

Yes. The new timescales begin on 6 October, but Scottish private landlords already have legal responsibilities under the Repairing Standard. 

The property must meet minimum physical and safety standards, including existing requirements relating to rising or penetrating damp and satisfactory ventilation.  

Has the final Scottish Government guidance been published? 

Not yet. As at 4 August 2026, the Scottish Government says it is working to publish the guidance by the end of summer 2026. 

This article should be reviewed when that guidance becomes available.  

Please note: This article provides general information about forthcoming changes and is not a substitute for advice on an individual property, tenancy or legal dispute.