Scotland’s New Damp and Mould Deadlines Take Effect: What Private Landlords Must Do

From 6 October 2026, private landlords in Scotland face new statutory timescales for dealing with substantial damp and mould.

The Investigation and Commencement of Repair (Scotland) Regulations 2026 introduce defined deadlines for investigating reports, providing written findings and beginning necessary repairs. The rules apply to private rented homes covered by the Repairing Standard as well as social housing. Scottish Government

For landlords, this means damp and mould can no longer be treated as an open-ended repair issue. The clock now matters.

The first deadline: investigate within 10 working days

Where a landlord becomes aware of damp or mould, the problem must be investigated within 10 working days.

That does not necessarily mean waiting for a formal written complaint from the tenant. A landlord may become aware of the problem through a tenant report, information from someone else or during a visit to the property. Scottish Government

The investigation should be carried out by someone with the appropriate knowledge and skills to assess whether substantial damp or mould is present and whether repairs are required. Scottish Government

Landlords should therefore make sure they already know who they will call when a report arrives.

The tenant must receive a written summary

Following the investigation, the landlord must provide the tenant with a written summary of the findings within three working days.

That summary should explain what was investigated, what was found and whether substantial damp or mould is present. Where action is required, it should also explain what needs to be done and the expected timetable. Scottish Government

This makes record keeping particularly important.

A telephone conversation with a contractor or an informal message saying that “someone has had a look” is not a substitute for a proper written record.

Repairs must begin within five working days

Where the investigation identifies substantial damp or mould requiring repair, the necessary work must normally begin within five working days of the investigation. Scottish Government

For private landlords, the work must then be completed as soon as reasonably possible. Social landlords have a separate 20-working-day completion requirement under the new rules. Scottish Government

That distinction is important.

The regulations do not give private landlords permission to leave work unfinished indefinitely simply because there is no identical fixed completion deadline. Once a repair has started, it should be progressed without unnecessary delay.

What counts as “substantial” damp or mould?

The new duties focus on substantial damp or mould.

Whether a problem reaches that level will depend on the circumstances. Factors can include:

• the extent of the damp or mould;
• how long it has been present;
• the likelihood of harm;
• the condition of the property; and
• whether an occupier may be particularly vulnerable.

The Scottish Government’s guidance makes clear that landlords should obtain expert assistance where they are not capable of assessing the issue themselves. Scottish Government

Landlords should therefore avoid making casual assumptions that a problem is merely “condensation” without properly investigating it.

Finding the cause matters

Cleaning visible mould may deal with the appearance of the problem but not necessarily its cause.

Potential causes can include:

• penetrating damp;
• rising damp;
• leaking pipes;
• roof or gutter defects;
• inadequate ventilation;
• cold surfaces;
• insulation problems; and
• persistent condensation.

The objective should be to identify what is causing the problem and take reasonable steps to prevent it returning.

Do not automatically blame the tenant

Damp and mould disputes can quickly become arguments about heating, ventilation and lifestyle.

Tenant behaviour may sometimes contribute to moisture levels, but landlords should not use that assumption as a reason to avoid an investigation.

The starting point under the new regime should be to inspect, establish the facts and document the findings.

Where tenant actions genuinely contribute to the problem, that can form part of the assessment, but it should be supported by evidence rather than assumption.

Make sure tenants know how to report problems

The new deadlines make reporting procedures more important.

Landlords and agents should make it clear how tenants should report repairs and damp or mould concerns.

A good system should record:

• the date the report was received;
• what was reported;
• photographs where available;
• when the inspection was arranged;
• who carried it out;
• the written findings;
• what repairs were ordered;
• when work began; and
• when it was completed.

Those records could become extremely important if a later dispute arises.

Agents need clear instructions

Using a letting or managing agent does not remove the landlord’s underlying responsibility for the property.

Landlords should therefore ask agents how damp and mould reports are handled and whether their procedures can meet the new statutory timetable.

Particular attention should be paid to reports received:

• immediately before weekends;
• during holiday periods;
• when contractors are unavailable; or
• when the tenant is difficult to contact.

A repair system designed around an informal “we will get to it when we can” approach may no longer be adequate.

Access problems should be documented

A landlord cannot investigate or repair a problem without access.

Where a tenant does not provide access, keep a clear record of:

• requests made;
• dates offered;
• responses received;
• alternative appointments offered; and
• any attempts to resolve the difficulty.

Landlords should continue trying to arrange access rather than simply closing the repair file.

Existing reports need attention too

The new statutory timescales apply to relevant reports arising from 6 October 2026. Scottish Government guidance states that cases reported before that date do not fall within the new Awaab’s Law timeframes. Scottish Government

That does not mean older damp or mould problems can simply be ignored. Existing repairing obligations continue to apply.

Any unresolved cases should therefore be reviewed.

Damp and mould remains part of the wider Repairing Standard

These new deadlines sit alongside Scotland’s existing Repairing Standard.

Private landlords already have legal responsibilities to keep rented homes in an appropriate state of repair. Tenants can apply to the First-tier Tribunal for Scotland Housing and Property Chamber where they believe the Repairing Standard has not been met. Scottish Government

The new rules add something important: clearly defined response times for substantial damp and mould.

What should Scottish landlords do now?

Landlords should review their procedures immediately and make sure they can:

1. recognise a damp or mould report;
2. log the date it is received;
3. arrange a competent investigation within 10 working days;
4. provide the required written findings within three working days;
5. start necessary repairs within five working days of the investigation;
6. progress those repairs without unreasonable delay; and
7. retain evidence of every stage.

For landlords with several properties, a simple repair-tracking system could make the difference between meeting the deadline and overlooking it.

Different rules across the UK

Scotland’s new statutory deadlines should not be confused with damp and mould arrangements elsewhere in the UK.

England, Wales and Northern Ireland operate under their own housing standards, repair and enforcement regimes.

Landlords with properties in more than one nation should therefore maintain jurisdiction-specific compliance procedures rather than assuming one timetable applies everywhere.

The message for Scottish landlords is straightforward: from 6 October, a report of substantial damp or mould starts a process with specific deadlines.

Respond quickly, investigate properly, keep written records and make sure necessary work actually begins on time.

NetRent’s Landlord Legal Updates will continue to explain important legal and regulatory changes affecting landlords, letting agents and tenants across the UK.

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NetRent does not provide legal advice. The articles represent our understanding of rental property law and are for general information only.