Awaab's Law Starts in Scotland on 6 October. Ten Working Days to Investigate, Five to Start Work

From Tuesday 6 October, a landlord in Scotland who becomes aware of damp or mould in a let property has 10 working days to investigate it, 3 working days after that to put the findings in writing to the tenant and 5 working days from the end of the investigation to begin any repair it identifies. The duties sit in the Investigation and Commencement of Repair (Scotland) Regulations 2026 (SSI 2026/173), made on 24 March 2026 and in force on 6 October. They apply to private landlords, not only social ones.

This is Awaab's Law in Scotland. Around 90% of Scottish homes are already free from damp and mould (gov.scot, 21 January 2026).

Where the clock starts

Not with a complaint. Scottish Government guidance published on 4 September 2026 is explicit that awareness is not solely dependent on a tenant making a report. A contractor who spots it while doing something unrelated, a routine inspection, someone reporting on the tenant's behalf: any of those starts the 10 working days.

The investigation has to be carried out by a person with the necessary skills and experience, and it is not finished until someone has assessed whether the home is substantially free from damp and mould and, if not, what repair is needed. The guidance is blunt about what will not pass: a mould wash with no other intervention is unlikely to count as a suitable repair unless it addresses the cause.

Completion is where private and social landlords diverge. A social landlord has 20 working days from the day the work starts. A private landlord's duty is to complete within a reasonable time after the date of the investigation, which is not a fixed count. Where work genuinely cannot start or finish in time, through a lack of contractors or structural complexity, an exceptional circumstances route requires telling the tenant and setting a revised timeframe.

What it means in practice

Ten working days reads as generous until you work backwards from it. Someone competent has to attend, a written summary has to go out and a contractor has to be on site within 5 working days of the investigation closing. In parts of Scotland that is a supply problem.

The duty is the landlord's. Appointing a managing agent is sensible and does not move it.

If the timescales are missed, a private tenant can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), which can make a Repairing Standard Enforcement Order. Failing to comply with one is a criminal offence. A local authority can carry out the work and recover the cost. The Tribunal can also make a Rent Relief Order restricting the rent.

That last one carries a lending consequence. A buy to let loan is sized on the rent the property produces rather than on the landlord's income, so a restricted rent is a smaller figure to work from whenever the mortgage next comes up for renewal.

If you let Scottish property from overseas

There is no exemption for non resident landlords and no allowance for time zones. Ten working days from the moment anybody in the chain notices means the person who can attend and the contractor who can start work need to be lined up in advance, not found after a report lands.

This is Scotland only, so a UK wide portfolio now runs on a Scottish clock in part and not in the rest.

If you hold Scottish property and want to talk through how this sits against a remortgage or a purchase timeline, get in touch.

Sources

• The Investigation and Commencement of Repair (Scotland) Regulations 2026, SSI 2026 No. 173, legislation.gov.uk. Made 24 March 2026, in force 6 October 2026. Investigation within 10 working days, written summary within 3 working days of completion, work commenced within 5 working days of completion.
• Awaab's Law: guidance for landlords in Scotland, Scottish Government (gov.scot), first published 4 September 2026. Awareness trigger, competence of the investigator, mould wash wording, 20 working days for social landlords, reasonable time for private landlords, exceptional circumstances, First-tier Tribunal, Repairing Standard Enforcement Orders, Rent Relief Orders.
• Tenants to be better protected from damp and mould, Scottish Government news release, 21 January 2026. Around 90% of Scottish homes free from damp and mould.