Awaab's Law in Scotland: What Landlords and Tenants Need to Know Before October 2026

In This Article

1. How Scotland's Version Differs From England's
2. The Core Timescales: The 10-3-5 Rule
3. Penalties For Non-Compliance
4. What landlords should be doing now
5. How MAXAM Can Help
6. Frequently Asked Questions

Awaab's Law comes into force in Scotland on 6 October 2026, placing strict legal deadlines on both social and private landlords to investigate and address damp and mould in rental properties. This article explains what the law requires, how it differs from the version already in force in England, and what the consequences of non-compliance look like for landlords across both sectors.

Named after two-year-old Awaab Ishak, who died in 2020 from a respiratory condition caused by prolonged mould exposure in his housing association flat in England, Awaab's Law is designed to ensure no tenant is left living in conditions that threaten their health.

How Scotland's Version Differs From England's

The first phase of Awaab's Law came into effect in England on 27 October 2025, applying exclusively to social landlords. Scotland's equivalent, formally known as the Investigation and Commencement of Repair (Scotland) Regulations 2026, goes further as it applies to both social and private landlords from day one.

Scotland's regulations also sit alongside the existing Repairing Standard, which already requires landlords to keep properties free from damp and mould. What the new law adds is a set of mandatory timescales, removing any grey area about how quickly landlords must act once a problem is reported.

The Core Timescales: The 10-3-5 Rule

Once a landlord becomes aware of a damp or mould issue, whether through a formal report or any other means, they must follow a clear sequence of actions:

Action 1 - They have 10 working days to complete an investigation

Action 2 - A report must be submitted to the tenant within 3 working days of the investigation concluding.

Action 3 - If a hazard has been confirmed, works to resolve this must begin within 5 working days.

Emergency hazards, such as structural failures or issues posing an immediate health risk, must be investigated and made safe within 24 hours. This mirrors the approach taken in England.

Note: For private landlords in Scotland, statutory deadlines for completing repairs (as opposed to commencing them) and automatic compensation arrangements are not yet part of the regulations. Tenants can still pursue enforcement through the tribunal if timescales are not met.

Penalties For Non-Compliance

The consequences for failing to meet these timescales differ depending on whether the landlord operates in the private or social sector.

Private Landlords

Tribunal action and rent relief orders.

If a private landlord fails to investigate within 10 working days or begin repairs within 5 working days, the tenant can bypass standard complaint procedures and apply directly to the First-tier Tribunal for Scotland (Housing and Property Chamber). There is no fee for tenants to pursue this route.

The tribunal will consider evidence such as photographs, emails, call logs, written timelines, and independent inspection reports. If it finds in the tenant's favour, it can issue a rent relief order, reducing the rent payable until the issue is resolved, as well as ordering the landlord to carry out the necessary works. Repeated breaches can result in escalating enforcement action.

Social Housing landlords

Regulatory intervention and financial compensation

Social landlords, including councils and registered social landlords, are subject to the same 10-3-5 timescales but face a different enforcement structure. Where a private tenant's primary route is the tribunal, social tenants have several additional avenues.

The Scottish Housing Regulator (SHR) is responsible for monitoring compliance. If a social landlord repeatedly fails to meet its obligations, the SHR can downgrade its regulatory status, which affects its ability to secure private funding and government grants. In serious cases, the SHR can appoint a statutory manager to take control of the organisation's operations, or in the most extreme circumstances, transfer ownership of properties to a compliant landlord.

Tenants can also raise a court action in the local sheriff court to compel repairs, or take a complaint to the Scottish Public Services Ombudsman, whose findings are published publicly. The Ombudsman can name landlords failing to comply and in certain cases require them to issue a public apology.

Where a social landlord misses the investigation or repair commencement deadline, it may be required to pay daily compensation to the tenant until the matter is resolved. If payment is not made, the tenant can seek a court order to enforce it.

What landlords should be doing now

With the 6 October 2026 commencement date approaching (faster than you think), landlords who are not yet prepared risk finding themselves in immediate breach. The Scottish Association of Landlords recommends that all landlords, regardless of sector, take the following steps before the deadline:

Review your current repairs reporting process and ensure it can log the date and time a complaint is received. Make sure you have reliable contractor relationships in place who can respond within the 10-day investigation window. Train any relevant staff to identify, escalate, and document damp and mould cases correctly. And ensure your written communication to tenants following an investigation is clear, specific, and sent within the required timeframe.

Proactive damp and mould surveys carried out before October 2026 will also put landlords in a stronger position, both legally and practically, if issues arise after the law comes into force.

How MAXAM Can Help

MAXAM has been working alongside housing associations across the UK to train staff in best practice for tackling damp and mould using our Pura+ range. As the compliance deadline approaches, more and more housing associations are turning to Pura+ for two key reasons.

Firstly, it is bleach free. Standard mould removers rely on bleach to strip away surface mould, but the process produces harmful fumes that affect both the operative and the tenant. Pura+ uses odour free biocides at safe levels that kill mould without producing dangerous fumes, making it safe to use in occupied properties with minimal disruption.

Secondly, Pura+ actually kills the roots of the mould. Bleach-based products only treat what is visible, meaning the mould roots remain active beneath the surface and the problem returns, often worse than before. Pura+ penetrates the surface to kill the mould at its source and leaves a protective barrier that lasts up to six months.

With Awaab's Law requiring landlords to investigate and begin repairs within strict timeframes, having a reliable and effective treatment in place is no longer optional. Pura+ gives housing associations a product that is fast to apply, safe to use around tenants, and proven to tackle mould at its source rather than simply masking it. But don't just take our word for it, read what our customers have to say about Pura+.

Find out more about Pura+ or get in touch to discuss staff training for your housing association. All online sessions are free of charge, travel costs may apply for in-person training.

Frequently Asked Questions