TLDR: The Quick Answer
From 6 October 2026, Scottish social and private landlords must investigate reports of damp or mould within 10 working days of becoming aware of them. If substantial damp or mould is found, they must start required repair work within 5 working days of the investigation concluding. Letting agents can help organise and record the response, but the landlord remains responsible for meeting the legal duties. Cleaning or mould treatment alone does not replace investigating and addressing the underlying problem.
What does Awaab’s Law require landlords to do in Scotland?
The Investigation and Commencement of Repair (Scotland) Regulations 2026 came into force on 6 October 2026. They apply to accommodation in Scotland covered by the Right to Repair Scheme or the Repairing Standard, where the damp or mould relates to a building issue for which the landlord is responsible.
The Scottish Government guidance, first published on 4 September 2026 and updated on 9 September 2026, sets out the main steps:
- A competent person must investigate within 10 working days of the landlord becoming aware of the report.
- The tenant or their representative must be issued a written summary within 3 working days after the investigation concludes.
- If substantial damp or mould is identified, required repair work must start within 5 working days after the investigation concludes.
- Social landlords must complete the repair work within a maximum of 20 working days from when it starts. Private landlords must complete it within a reasonable time.
- Landlords must take reasonable steps, so far as reasonably practicable, to keep the home substantially free from damp and mould.
These are maximum statutory timescales, not a reason to delay action that can reasonably happen sooner. Read the Scottish Government’s guidance for landlords and seek appropriate advice about your obligations.
What should a letting agent do when a tenant reports damp or mould?
A report needs a clear, traceable response. In Glasgow, Edinburgh and elsewhere across Scotland, agents may be the first point of contact for tenants. Agree with each landlord in advance who can arrange inspections, approve work and communicate decisions.
Damp and mould response checklist for agents
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Acknowledge and record the report. Note when the agency became aware, who reported it, the rooms affected, what the tenant described and any changes since the issue began. Keep copies of messages, photographs supplied by the tenant and actions taken. The Scottish Government guidance encourages clear records of attempts to comply.
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Arrange an investigation within the required timescale. The investigation must be carried out by a competent person with the skills and experience to assess whether the home is substantially free from damp and mould and, if not, what repair work is required. The guidance says investigations should generally be in person. A remote assessment may be appropriate in some circumstances, but its suitability and limitations should be recorded.
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Request a written summary. The landlord must issue one to the tenant or their representative within 3 working days after the investigation concludes. It must identify who conducted the investigation, summarise the process and findings with explicit confirmation of whether the home is substantially free from damp and mould, and set out any repair work required. If substantial damp or mould is found, the summary should confirm the work required and a target timeframe for beginning it. An agent may draft or issue the summary on the landlord’s behalf, but the landlord remains responsible for it.
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Make the home safe where needed. The investigation may identify that interim or safety measures are appropriate while further work is arranged. Follow the investigator’s findings and the landlord’s procedures, and communicate any practical next steps to the tenant.
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Arrange the underlying repair. If substantial damp or mould is found, required work must commence within 5 working days of the investigation concluding. The investigation should consider the root cause. Depending on the findings, this may involve building or maintenance work rather than cleaning alone.
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Arrange professional remediation cleaning where appropriate. Mould treatment or removal may form part of the response, but it is distinct from investigating the problem and correcting its cause. A cleaning visit alone should not be treated as a substitute for the investigation or necessary repair work.
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Follow up and retain the record. Update the tenant on progress, keep records of access arrangements, inspection findings, work orders and communications, and check that outstanding work is being followed through.
If access, contractor availability or another circumstance beyond the landlord’s control prevents a deadline being met, the landlord must notify the tenant which duty cannot be met, why, and the revised timeframe. Reasonable practicable steps should be taken to minimise the effect of the damp or mould in the meantime.
Why is investigation different from mould remediation?
An investigation assesses the condition of the home, determines whether substantial damp or mould is present and, where necessary, identifies repair work. Remediation cleaning deals with mould on affected surfaces. Building repairs address the source when it relates to a problem such as water ingress or ventilation.
The Scottish Government guidance explains that a mould wash without other intervention is unlikely to be considered a suitable repair if it does not ensure the home continues to be substantially free from damp and mould. In practice, the investigator’s findings should guide the response. Cleaning may be appropriate, but it does not establish or resolve a building defect by itself.
How can agents coordinate cleaning and repairs?
Keep separate, linked records for the investigation, repair work and any cleaning or remediation. This helps everyone see what has been assessed, what remains outstanding and who is responsible for the next action.
Where the agent does not have authority to approve work, escalate the report to the landlord promptly and record the referral. Agree how the tenant will be updated, including who will provide the written summary and how changes to the expected schedule will be communicated.
BD365 Clean and Clever Solutions Limited provides specialist cleaning, including mould remediation, across Glasgow, Edinburgh, the Central Belt and the wider UK. BD365 Clean and Clever Solutions’ teams are trained in professional cleaning procedures, health and safety practices and COSHH compliance. Specialist work is quoted individually to suit its scope.
Our specialist cleaning services may be relevant when professional mould remediation cleaning is appropriate as part of a wider response. This service does not replace the landlord’s investigation or responsibility to arrange required repairs, and BD365 does not guarantee legal compliance.
FAQs about damp and mould reports in Scotland
Does the law apply to every rental arrangement?
The regulations apply to accommodation covered by the Right to Repair Scheme or the Repairing Standard. The Scottish Government guidance explains that some arrangements are outside those categories. Check the guidance and obtain advice if you are unsure whether a particular property or tenancy is covered.
What if the tenant sends an informal message rather than making a formal complaint?
The timescales run from when the landlord becomes aware of a report or possible damp or mould issue. Agents should record and escalate information received through ordinary communications as well as through a dedicated repairs process. A clear reporting route makes it less likely that a concern will be missed.
What if further investigation is needed after the first visit?
The guidance recognises that complex issues may require multiple visits or specialist input. If circumstances beyond the landlord’s control mean a duty cannot be met within the required timescale, the landlord must explain this to the tenant in writing, provide a revised timeframe and take reasonable practicable steps to minimise the impact while the issue is being addressed.
What if the problem gets worse or appears somewhere else?
If the landlord becomes aware that the damp or mould has significantly changed, such as spreading, or appears in a new location, the guidance says a new investigation is required. Record the new information and escalate it promptly.
Arrange a mould remediation assessment
If a property needs professional mould remediation cleaning, contact BD365 Clean and Clever Solutions to discuss the issue and request a quotation based on its scope. Call 0800 1931 365 or request an assessment or quotation online.
Publishing details
- Reader and question: Letting agents, landlords, housing associations and property managers in Scotland. What do the Scottish Awaab’s Law rules require, and how should agents respond to damp or mould reports?
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- Source: Scottish Government: Awaab’s Law guidance for landlords in Scotland, including the scope and requirements, investigation process, written summary and repair work sections.
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