Farming News - Strutt & Parker : Why Scottish farms and estates may need to be aware of new damp and mould rules
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Strutt & Parker : Why Scottish farms and estates may need to be aware of new damp and mould rules
Farms and estates in Scotland which let residential property are reminded that they must comply with new damp and mould rules which take effect from 6 October 2026.
Gillian Ferguson, Senior Associate Director in Strutt & Parker's Rural team in Scotland and a specialist in residential property management, says, anyone letting property will be subject to new responsibilities around damp and mould issues, often referred to as Awaab's law. It is a good time to remember that legislation and standards which apply to all privately let residential properties are also usually applicable to tied housing for staff members.
"Scottish landlords have been required for some time to deal with damp and mould, but the new rules which fall under 'The Investigation and Commencement of Repair (Scotland) Regulations 2026' introduce clear timescales for action to be taken."
Under the new arrangements, if a landlord is notified or becomes aware of a potential problem in their property, they must make sure that an investigation is carried out by a 'competent person' to determine whether the home is 'substantially free from damp and mould' and if any work is required to address the problem.
The investigation must be completed within 10 working days of the landlord being first notified that the property may be affected and the landlord must also give the tenant a written summary of the results of the investigation within three working days of it being completed.
If it becomes apparent that work is required to tackle the problem, the landlord must also ensure that this work starts within five working days of the investigation being completed.
"These tight timescales for action are a positive step towards improving tenants' health," says Miss Ferguson. "However, the causes of damp and mould can be complex and often occur because of several issues within a property, so solving the problem quickly may prove practically challenging.
"If the timescales cannot be met, landlords must provide the tenant with a written explanation outlining the reasons for the delay and the expected timing of when the work will be carried out. Scottish Government has now provided detailed guidance for both landlords and tenants. The guidance for landlords is particularly helpful as it includes information detailing different types of damp and common issues.
"The guidance is also clear that the ultimate responsibility for meeting the new requirements and timescales is the landlord's. We would recommend that landlords who use an agent to manage property satisfy themselves that the agent has the experience and processes in place to meet these new requirements around damp and mould in their properties."
Gillian Ferguson, Senior Associate Director in Strutt & Parker's Rural team in Scotland and a specialist in residential property management, says, anyone letting property will be subject to new responsibilities around damp and mould issues, often referred to as Awaab's law. It is a good time to remember that legislation and standards which apply to all privately let residential properties are also usually applicable to tied housing for staff members.
"Scottish landlords have been required for some time to deal with damp and mould, but the new rules which fall under 'The Investigation and Commencement of Repair (Scotland) Regulations 2026' introduce clear timescales for action to be taken."
Under the new arrangements, if a landlord is notified or becomes aware of a potential problem in their property, they must make sure that an investigation is carried out by a 'competent person' to determine whether the home is 'substantially free from damp and mould' and if any work is required to address the problem.
The investigation must be completed within 10 working days of the landlord being first notified that the property may be affected and the landlord must also give the tenant a written summary of the results of the investigation within three working days of it being completed.
If it becomes apparent that work is required to tackle the problem, the landlord must also ensure that this work starts within five working days of the investigation being completed.
"These tight timescales for action are a positive step towards improving tenants' health," says Miss Ferguson. "However, the causes of damp and mould can be complex and often occur because of several issues within a property, so solving the problem quickly may prove practically challenging.
"If the timescales cannot be met, landlords must provide the tenant with a written explanation outlining the reasons for the delay and the expected timing of when the work will be carried out. Scottish Government has now provided detailed guidance for both landlords and tenants. The guidance for landlords is particularly helpful as it includes information detailing different types of damp and common issues.
"The guidance is also clear that the ultimate responsibility for meeting the new requirements and timescales is the landlord's. We would recommend that landlords who use an agent to manage property satisfy themselves that the agent has the experience and processes in place to meet these new requirements around damp and mould in their properties."