29 Oct 2026
By Katie MacLeod, Operations and Accounts Manager, Gilson Gray Property Services
As autumn sets in and temperatures begin to fall, damp and mould can become a growing concern for landlords across Scotland. Alongside the seasonal challenges, October 2026 has brought an important change to the way these issues must be investigated and addressed.
The new Investigation and Commencement of Repair (Scotland) Regulations 2026, often referred to as Scotland’s version of Awaab’s Law, came into force on 6 October. They introduce specific timescales for investigating reports of damp and mould and starting any necessary repairs, placing greater emphasis on early action and clear communication between landlords and tenants.
Understanding the new timelines
Under the new rules, landlords cannot simply wait for a convenient opportunity to investigate a reported problem. Once they become aware that a property may be affected by damp or mould, the process must begin within a defined period.
An investigation must be completed by a competent person within 10 working days. The landlord must then provide the tenant with a written summary of the findings within three working days of the investigation concluding.
Where substantial damp or mould is identified and repair work is required, that work must commence within five working days after the investigation concludes. For private landlords, the repairs must then be completed within a reasonable time; the separate 20-working-day completion deadline applies to social landlords
These deadlines are particularly important during autumn and winter, when contractor availability and colder weather can complicate maintenance. Planning ahead and having a clear process for dealing with reports can help landlords respond promptly.
Looking beyond the visible problem
One of the key considerations is identifying what is causing the damp or mould in the first place. Surface mould may be visible, but the underlying issue could involve a leaking pipe, water ingress, inadequate ventilation, insulation problems or another defect.
Simply cleaning the affected area may not be enough. The Scottish Government’s guidance emphasises the importance of addressing the root cause and taking reasonable steps to prevent the problem from returning.
For landlords, this means ensuring that investigations are thorough enough to identify appropriate next steps. Depending on the circumstances, this may involve a maintenance contractor, specialist damp assessment or further inspection.
Tenants can also help by reporting concerns as soon as they arise and allowing access for inspections and repairs. Advice about ventilation and reducing excess moisture may be
useful, but it should not replace investigating potential defects or fulfilling the landlord’s repair obligations.
What if the timescales cannot be met?
There may be occasions when circumstances outside a landlord’s control prevent an investigation or repair from progressing within the required timeframe. Examples may include difficulties securing a suitably qualified contractor or complex structural issues requiring further investigation.
These situations should be managed carefully rather than treated as a reason to leave the matter unresolved. The applicable exceptional-circumstances procedure must be followed, including explaining the delay to the tenant, providing an updated timeframe and taking reasonable steps to minimise the impact of the damp or mould while the issue is being addressed.
Keeping a clear record of reports, inspections, contractor appointments, findings and communications can help demonstrate the action taken and identify any outstanding work. It also helps ensure that tenants are kept informed throughout the process.
A more proactive approach to property management
The introduction of these timelines is a useful reminder that damp and mould should be treated as a property management priority, particularly as the colder months approach.
Landlords may wish to review their existing maintenance procedures, check that tenants know how to report concerns, and establish arrangements for inspections and repairs. A straightforward process for recording reports and monitoring deadlines can help ensure that issues are not overlooked during busy periods.
