Awaab’s Law in Scotland: What Rural Landlords Need to Know

From 6 October 2026, new rules on damp and mould now apply to most rented homes in Scotland. Often called “Awaab’s Law”, after two-year-old Awaab Ishak who died in England in 2020 following prolonged exposure to mould in his home, the rules set timescales within which landlords must investigate and act. The Scottish Government published its guidance for landlords in September.

For landlords of farm cottages, estate houses and holiday lets, this deserves attention. Rural properties are often older, more remote, and harder to service than their urban equivalents, and the statutory deadlines are tight.

What are the new rules?

The “repairing standard” is the minimum condition that privately rented houses must meet. It now expressly includes a requirement that the house is “substantially free from damp and mould”. Once a landlord is notified, or otherwise becomes aware, that a house is or may be affected, the landlord must:

• ensure a “competent person” investigates within 10 working days;
• give the tenant a written summary of the findings within 3 working days of the investigation finishing; and
• start any necessary work within 5 working days of the investigation finishing.

Private landlords have no fixed completion deadline, but the work must be done as soon as reasonably practicable. It must also tackle the root cause, so a quick mould wash alone, for example, is unlikely to be enough. If a deadline can’t be met for reasons genuinely outwith the landlord’s control, such as severe weather, a shortage of contractors or a tenant refusing access despite reasonable attempts, the landlord must tell the tenant in writing why, say when they expect to comply and take reasonable interim steps to limit the problem.

A few points in the guidance are easy to miss. Awareness doesn’t depend on a tenant complaint. A landlord may become aware during an inspection, through a contractor or from a third party. Landlords also shouldn’t assume that mould is caused by the tenant’s lifestyle. The guidance expects every report to be investigated and asks investigators to consider whether anyone in the household is particularly vulnerable. Tenants don’t have to provide medical evidence and any health information must be handled in line with data protection law.

Is the landlord responsible for every case?

No. The new rules require prompt investigation, not remedial work in every case. Landlords remain responsible where damp or mould stems from a defect in the fabric of the building, or from a fault in a fitting supplied by the landlord, such as an extractor fan. The repairing standard doesn’t require work that results from the tenant failing to use the house in a proper, tenant-like manner. If the investigation shows that household factors are the main cause, the guidance asks landlords to work with the tenant and to keep clear records of their reasoning.

Which rural properties are affected?

Cottages on private residential tenancies. Farm and estate cottages let in this way are squarely within the new rules.

Short Term lets. Licensed short-term lets must already meet the repairing standard as a condition of their licence. Because the new regulations amend the repairing standard itself, the damp and mould duties carry over to them as well, even though the Scottish Government’s guidance doesn’t mention holiday lets specifically. Operators should have the same reporting, investigation and record-keeping arrangements in place as any other landlord.

Agricultural tenancies. Houses let under agricultural tenancies are currently excluded. However, it is important for landlords to look ahead, as from 28 March 2027 the repairing standard will extend to houses let under the Agricultural Holdings Acts and to crofts and small landholdings, bringing the damp and mould duties with it. Cottages on a let farm that are occupied by the tenant’s employees, or sub-let by the tenant, are already covered.

Tied cottages. An occupancy arrangement that is genuinely a service occupancy, rather than a tenancy, falls outside the repairing standard. Whether a “tied” cottage is really that is a question of fact and the arrangement shouldn’t be assumed to be exempt.

Why are rural properties more exposed?

Older stone houses often have no damp proof course, which is identified as a common cause of rising damp in the Guidance. Roofs, gutters and pointing on remote properties are easily neglected and cement repairs on traditional buildings can trap moisture, rather than cure it. Heating costs in off-grid cottages can also contribute to condensation.

There is also the practical difficulty of getting someone to attend within 10 working days. No formal qualifications are required for the investigator. The test is whether, in the landlord’s reasonable opinion, the person has the skills and experience for the job. The Scottish Government points landlords to professional bodies such as the Royal Institution of Chartered Surveyors, the Property Care Association and the Chartered Institution of Building Services Engineers. The real issue for a remote property is availability, but a contractor shortage will only be accepted as an exceptional circumstance if you can show you tried. It is also worth remembering that a firm which both diagnoses a problem and sells the treatment has a commercial interest in the outcome.

What happens if a landlord doesn’t comply?

A tenant can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a Repairing Standard Enforcement Order. The Tribunal can issue a such an Order and failing to comply with one without reasonable excuse is a criminal offence. The Tribunal can also make a Rent Relief Order restricting the rent payable until the work is done.

What should landlords do now?

We recommend starting with the basics.

Firstly, you should read the guidance. It includes helpful examples and useful template documents to use.

Next, identify each of your lettings and which category it falls into, including any cottages sub-let by your tenants. Inspect roofs, gutters, pointing, ventilation, extractor fans and heating before winter and record what you find. Identify two or three competent investigators in advance who operate in your locality that you could call if a problem emerges. Ideally, find people with experience of traditional buildings and make a short note of why you consider each one competent.

As part of your lettings review, it is also a good idea to prepare templates for the written summary, for notices of delay and for access requests, and use those to keep a simple log of every report, visit and decision. For let farms, begin planning now for the extension of the repairing standard in March 2027. Your lawyer, surveyor and land agent can help you decide what work is needed, and in what order.

If you let cottages, farmhouses or short term let accommodation and would like help reviewing your position, our team is here to help. Please get in touch.