Holmes Mackillop urges landlords in Scotland to be aware of regulations to ensure compliance with safeguarding duties to tenants
Holmes Mackillop Solicitors is urging landlords in Scotland to be aware of the incoming regulations introduced by the Scottish Government to ensure social and private landlords comply with safeguarding duties to their tenants.
The Investigation and Commencement of Repair (Scotland) Regulations 2026 come into force today (06.10.26). These regulations require landlords in Scotland to investigate reports of damp or mould and carry out all necessary repairs within a set timescale.
Clause 4.1 of the regulations states that ‘once a landlord becomes aware that a home may be affected by damp or mould, an investigation must be conducted within 10 working days by a competent person. This is a person the landlord deems to have the necessary skills and expertise to determine whether the home is substantially free from damp and mould and whether any repair work is necessary’.
The introduction of the Scottish regulations follows on from the introduction of ‘Awaab’s Law’ in England and Wales.
Two-year-old Awaab Ishak, who lived with his parents in social housing, died in in December 2020 with the cause of death attributed to acute respiratory failure brought on by prolonged exposure to mould in the family’s one-bedroom flat.
Awaab’s Law was introduced as an amendment to The Social Housing (Regulation) Bill, which received Royal Assent on 20 July 2023.
Section 42 of the Act, commonly referred to as Awaab’s Law, imposed statutory obligations on social housing landlords to investigate claims on damp or mould and to make the properties safe within prescribed timeframes.
Aidan Dunn, trainee solicitor at Holmes Mackillop, notes that the incoming regulations in Scotland will impose obligations on both social and private landlords.
“The regulations will place importance on both tenants and landlords to work collaboratively,” he said.
“Tenants should raise concerns with their landlords as soon as possible, and landlords are obligated under clause 6.1 of the regulations to ‘commence any repair work within five days after the day in which the investigation is concluded’.
“For social landlords, the repairs must make the property ‘substantially free from damp and mould within 20 working days from the date the repair work is commenced’ and for private landlords, the repair work must be completed within ‘a reasonable time after the date of the investigation’.”
Dunn notes that the guidance is not exhaustive, with the regulations acknowledging every case of damp and mould as different.
“Landlords will be required to apply their own judgement on individual cases and should seek specialist support if necessary to ensure that they are in compliance with the regulations,” he said.
ENDS
For further information please contact Aidan Dunn tel 0141 226 4942