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Awaab's Law checklist for Scotland

A step-by-step checklist for Scotland's damp and mould rules, which apply to social and private landlords from 6 October 2026. It is for councils, housing associations, private landlords, letting agents and the surveyors who investigate for them, and every timescale in it comes from the Regulations and the Scottish Government's guidance.

Last reviewed 28 September 2026 by ProSurvey Apps Limited

At a glance

Who it is for: Social and private landlords in Scotland, letting agents, and the surveyors and contractors who investigate and repair for them.
When to use it: On every report of damp or mould from 6 October 2026, from the day you become aware until the repair is finished.
What it covers: Damp and mould of every kind: rising, penetrating, condensation and traumatic damp such as leaks and burst pipes.
What to bring: A case log that counts Scottish working days, your list of competent investigators, a written summary template and the tenancy details.

Awaab’s Law timescales in Scotland
Step	Social landlords	Private landlords
Investigate (competent person)	Within 10 working days of becoming aware
Written summary to the tenant	Within 3 working days after the investigation
Start repairs, if substantial damp or mould	Within 5 working days after the investigation
Complete repairs	Within 20 working days of starting	Within a reasonable time

Sources: SSI 2026/173 and chapter 2 of the Scottish Government guidance. Each period begins the day after the event; working days exclude weekends and Scottish bank holidays.

The Scotland checklist, from report to repair

Prints just the checklist, with space for notes and a sign-off. Anything you tick here prints ticked; nothing is saved.

Property:

Case reference:

Date of awareness:

Social or private tenancy:

What is Awaab’s Law in Scotland?

It is the Investigation and Commencement of Repair (Scotland) Regulations 2026, made on 24 March 2026 and in force from 6 October 2026. The Scottish Government describes them as the first set of regulations implementing Awaab’s Law in Scotland, named after Awaab Ishak, who died in 2020 aged two from a respiratory condition caused by mould in his home in England.

For private tenancies, the Regulations add a new item to the Repairing Standard in the Housing (Scotland) Act 2006: the house is substantially free from damp and mould. For Scottish secure and short Scottish secure tenancies, they add damp and mould duties to the Right to Repair Scheme. Private landlords must have regard to the Scottish Government’s guidance, and the Scottish Housing Regulator will have regard to it when monitoring social landlords.

Investigating in person

The guidance says investigations should be conducted in person unless an alternative method is justified, because an investigator on site can observe issues that photographs or a tenant’s description may miss or misrepresent, and can examine the outside of the building for the cause (paragraph 4.3). The investigation is complete only when it has decided whether the home is substantially free from damp and mould and, if not, what repair work is needed, looking at the root cause.

How are the days counted?

Each period begins with the day after the event that starts it: awareness for the investigation, and the end of the investigation for the written summary and the start of repairs. A working day is any day other than a Saturday, a Sunday or a bank holiday in Scotland, so St Andrew’s Day and 2 January are skipped. These are maximum timescales; where another rule requires faster action, the faster one applies. DampApp Pro has a free Scotland timeline calculator that works out the dates.

Enforcement

Social tenants can claim compensation under the Right to Repair Scheme if the investigation or the start of repairs is late. Private tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), which must consider whether the landlord met the new duties and can issue a Repairing Standard Enforcement Order and a Rent Relief Order (chapter 7).

Official sources

The Investigation and Commencement of Repair (Scotland) Regulations 2026 (legislation.gov.uk)
Awaab’s Law: guidance for landlords in Scotland (gov.scot)
Awaab’s Law: guidance for tenants in Scotland (gov.scot)

For homes in England, use our Awaab’s Law checklist for social landlords. For the investigation itself, see the damp and mould inspection checklist.

Awaab's Law in Scotland FAQs

When does Awaab's Law start in Scotland?

On 6 October 2026, when the Investigation and Commencement of Repair (Scotland) Regulations 2026 come into force. The Scottish Government's tenant guidance says cases reported before 6 October 2026 are not subject to the Awaab's Law timeframes.

Does Awaab's Law apply to private landlords in Scotland?

Yes. The Scottish duties apply to private landlords, through the Repairing Standard, and to social landlords, through the Right to Repair Scheme for Scottish secure and short Scottish secure tenancies. England's Awaab's Law regulations still apply only to social housing.

What are the timescales?

Investigation by a competent person within 10 working days of becoming aware; a written summary to the tenant within 3 working days after the investigation; if substantial damp or mould is found, repair work started within 5 working days after the investigation. Social landlords complete the repair within 20 working days of starting it; private landlords within a reasonable time.

Does the investigation have to be in person?

The guidance says investigations should be conducted in person unless an alternative method is justified, because an investigator on site can see issues photographs or self-reporting may miss and can check outside the building. A remote investigation can be appropriate, for example at the tenant’s request, but landlords should record why.

What happens if a landlord misses a deadline?

Social tenants can claim compensation under the Right to Repair Scheme: £15, plus £3 for each further working day, up to £100 for each late duty. Private tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), which can issue a Repairing Standard Enforcement Order; failing to comply with one without reasonable excuse is a criminal offence.

How does Scotland's version differ from England's?

Scotland's covers damp and mould only and applies to private as well as social landlords. The investigation and written summary timescales match England's, but in Scotland the repair must start within 5 working days, where England's rules require the safety work to be completed within 5. Scotland has no separate 24-hour emergency hazard category in these regulations.

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Awaab's Law checklist for Scotland

Awareness, in-person investigation, written summary and repair steps for Scottish social and private landlords from 6 October 2026.

Last reviewed 28 September 2026. Not legal advice. Working days exclude weekends and Scottish bank holidays.

Property

Case reference

Date of awareness

Social or private tenancy

Tenant

Investigator

Awaab’s Law timescales in Scotland
Step	Social landlords	Private landlords
Investigate (competent person)	Within 10 working days of becoming aware
Written summary to the tenant	Within 3 working days after the investigation
Start repairs, if substantial damp or mould	Within 5 working days after the investigation
Complete repairs	Within 20 working days of starting	Within a reasonable time

Sources: SSI 2026/173 and chapter 2 of the Scottish Government guidance. Each period begins the day after the event.

1. Before 6 October 2026: readiness		Date
	Reporting routes for tenants, and escalation routes for staff, letting agents and contractorsThe duties start when the landlord is told or otherwise becomes aware, not only when a tenant reports it (paragraph 3.16).
	Competent investigators lined up who can attend in person within 10 working daysNo qualification is required. Consider experience of inspecting or treating damp and mould, a surveying, housing maintenance, environmental health or property inspection background, and knowledge of Scotland’s housing standards (paragraph 4.1).
	A case log that records the date of awareness and counts Scottish working days, excluding weekends and Scottish bank holidays
	A written summary template ready (Annex D of the guidance is a blank one)
	Tenants told how to report damp and mould early (Annex E is a tenant information sheet you can adapt)
	Contractors and agents briefed on the timescales and on passing reports on the same day

2. Day zero: awareness		Date
	Record the date you became aware, and howA tenant report, a routine inspection or visit, another repair, or a contractor, housing support worker or other third party (paragraph 3.16).
	Sensor readings alone do not count as awarenessBut investigate consistent high readings promptly (paragraph 3.17).
	Do not assume it is condensation from the tenant’s lifestyleCooking, bathing and drying laundry are everyday tasks and should not be blamed for substantial damp or mould (paragraph 3.19).
	Check scopeA Scottish secure or short Scottish secure tenancy (Right to Repair Scheme) or a tenancy under the Repairing Standard; damp or mould in a part of the building you are responsible for (paragraphs 2.1 to 2.4).
	Cases reported before 6 October 2026 are not subject to the Awaab’s Law timeframes, according to the tenant guidance
	Check for a faster statutory timescaleFor example, a significant leak in a social tenancy must be fixed within 1 working day under the Right to Repair Scheme (paragraph 2.6).
	Record any vulnerability the household tells you aboutTake it at face value; tenants do not have to provide medical evidence, and UK GDPR applies to health data (paragraph 3.27).

3. Investigation: within 10 working days		Date
	Complete the investigation within 10 working daysThe period begins the day after you became aware.
	Use an investigator who, in your reasonable opinion, is competent
	Investigate in person unless another method is justifiedA remote investigation can suit some cases, such as at the tenant’s request; record why you chose it (paragraphs 4.3 and 4.4).
	Decide whether the home is substantially free from damp and mouldConsider exposure and extent (area, several rooms, smell, persistence), heightened vulnerability, and the underlying cause (paragraph 3.23).
	Use the tolerable standard as a guide to “large”Persistent visible penetrating damp over about 10% of the wall space or ceiling in one apartment, or 20% in other spaces (paragraph 3.24).
	Look for hidden mould behind wallpaper, panelling and carpets, and take care not to release spores
	If not substantially free, identify the repair work and the root causeThe investigation is complete only when both are decided (paragraphs 4.5 and 4.6).
	Triage can help prioritise but does not replace the duty or the timescale (paragraph 4.7)
	Agree access times with the tenant, give notice in line with the tenancy agreement, and log every attempt
	Photograph and record the damp or mould before any treatment

4. Written summary: within 3 working days		Date
	Issue it within 3 working days after the investigationThe deadline is for issuing it, not for the tenant receiving it. Email, post or by hand are all fine (paragraph 5.3).
	Name the people or organisations who investigated
	Summarise the process and findings, and say explicitly whether the home is substantially free from damp and mould
	Record any repair work done during the visit
	If substantial damp or mould was found: the work required and a target timeframe to start it
	If not: the reasons, and whether any work will be done under your own repair policy
	Where more than one investigator was involved, record each one’s findingsWith clear conclusions and next steps (paragraph 5.2).
	A letting agent or contractor may draft or issue itThe landlord keeps overall responsibility (paragraph 5.4).
	Signpost the tenant to advice services where appropriate

5. Repairs		Date
	If substantial damp or mould was found, start the repair within 5 working days of the investigationStarting can be immediate mould treatment or other temporary remedial work (paragraph 6.1).
	Tackle the root causeA mould wash with no other intervention is unlikely to be a suitable repair (paragraph 6.5).
	Social landlords: complete the repair within 20 working days of starting it
	Private landlords: complete the repair within a reasonable time
	Make sure the home is substantially free from damp and mould and, so far as reasonably practicable, stays that way

6. If a timescale cannot be met		Date
	Tell the tenant which duty cannot be met and why, and give a revised timeframeUse your usual way of contacting them, in a format they can use (paragraphs 2.8 and 2.9).
	Take reasonable steps meanwhile to limit the damp or mouldFor example a mould wash, a temporary extractor fan or a temporary seal on a leak, or monitoring while a further investigation is arranged (paragraph 2.11).
	Only for circumstances beyond your controlExamples include severe weather, illness or bereavement, contractor or supply shortages, no access despite reasonable attempts, and delays in approvals (paragraph 2.12).
	Share initial findings where a complex investigation needs more visits (paragraph 4.9)

7. Afterwards and records		Date
	If the damp or mould significantly changes, spreads or appears somewhere new, start a new investigationThe timescales start again (paragraphs 4.12 and 6.7).
	If it comes back, review whether the root cause was dealt with, and record your decision
	If the tenant disagrees with the outcome, respond and keep a record of your reasoning (paragraph 4.13)
	Keep evidence that you complied, or of why you could notDates, reports, photos, messages and access attempts (paragraph 2.15).

Notes

Completed by

Signature

Date

Free checklist from ProSurvey Apps at prosurvey.app/checklists/awaabs-law-scotland-checklist/, last reviewed 28 September 2026. Not legal advice. Working days exclude weekends and Scottish bank holidays. To record it on site with photos and readings, use DampApp Pro (dampapp.pro) on iPhone, iPad and Android.

Awaab's Law checklist for Scotland

At a glance

The Scotland checklist, from report to repair

1.Before 6 October 2026: readiness

2.Day zero: awareness

3.Investigation: within 10 working days

4.Written summary: within 3 working days

5.Repairs

6.If a timescale cannot be met

7.Afterwards and records

What is Awaab’s Law in Scotland?

Investigating in person

How are the days counted?

Enforcement

Official sources

Awaab's Law in Scotland FAQs

More checklists

Awaab's Law checklist for Scotland

Notes

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