Awaab's Law in Scotland: what social landlords must do from 6 October 2026.
Scotland's version of Awaab's Law is the Investigation and Commencement of Repair (Scotland) Regulations 2026. From 6 October 2026, councils and registered social landlords must investigate damp and mould in Scottish secure and short Scottish secure tenancies within fixed timescales, tell the tenant what they found, and start and finish the repair on a clock. Private landlords have matching duties through the Repairing Standard. The rules cover damp and mould only, and they are separate from England's regulations, so England's deadlines and hazard lists do not carry across.
“Investigations should be conducted in person unless an alternative method is justified. In-person investigations enable investigators to directly observe issues that may be missed or misrepresented via photography or self-reporting, and to examine external factors that may be resulting in damp or mould.”
In person, by default
That paragraph sets the working assumption for every Scottish damp and mould case: someone competent goes to the home. Photos sent in by a tenant, a phone call or a sensor reading are not the investigation. A remote investigation can still be appropriate, for example at the tenant's request or where enough information has already been provided, but the guidance asks landlords to be mindful of its limits and to keep clear records of that decision (paragraph 4.4). Triage is fine for judging severity, but it does not replace the duty to investigate or pause the 10 working days (paragraph 4.7).
This is the work HousingSurvey Pro's field app was built for. The surveyor or operative captures the visit on site, offline if needed: a GPS fix sealed into the record, photos fingerprinted at the moment of capture, and temperature, humidity and moisture readings with dew point worked out live. When the record is finalised, the server sets the timestamp and chains it to the property's earlier records, so it shows who attended, when, and what they saw.
The timescales
| Step | Deadline |
|---|---|
| Investigate, by a competent person | Within 10 working days of becoming aware |
| Issue the written summary | Within 3 working days after the investigation |
| Start repairs, if substantial damp or mould is found | Within 5 working days after the investigation |
| Complete the repairs (social landlords) | Within 20 working days of starting them |
Each period starts on the working day after the event. Working days exclude Saturdays, Sundays and Scottish bank holidays, such as St Andrew's Day. Private landlords must complete repairs within a reasonable time rather than 20 working days. Where another rule is faster, the faster one wins: a significant leak in a social tenancy must still be fixed within 1 working day under the Right to Repair Scheme (paragraph 2.6). According to the tenant guidance, cases reported before 6 October 2026 are not subject to the new timeframes.
Counting Scottish working days. HousingSurvey Pro's built-in statutory clock follows England's regulations and English bank holidays. For a Scottish case, the investigation, photos, readings, written summary and works record all sit on the same tamper-evident record, but work out the Scottish dates yourself. Our sister app DampApp Pro publishes a free Scottish Awaab's Law timeline calculator that counts them against Scottish bank holidays.
When the clock starts
The 10 working days start when the landlord is told about damp or mould or otherwise becomes aware of it. That includes a tenant's report, but also something spotted at a routine inspection, while doing another repair, or reported by a contractor, a housing support worker or another third party (paragraph 3.16). An operative who notices mould behind a kitchen unit while fixing a tap has started the clock, so the route from the field to the case needs to be same-day. Sensor readings alone do not count as awareness, but consistently high readings should be looked into promptly (paragraph 3.17). Don't assume it is the tenant's lifestyle: cooking, bathing and drying clothes are everyday tasks, and the guidance says they should not be blamed for substantial damp or mould (paragraph 3.19).
What the investigation has to decide
An investigation is only complete when the landlord has decided whether the home is substantially free from damp and mould and, if it isn't, what repair work is needed (paragraph 4.6). The investigation should look for the root cause (paragraphs 4.5 and 4.11), because the landlord's duty is to keep the home substantially free from damp and mould as far as reasonably practicable, not just to clean it. The guidance is blunt about the difference: a mould wash without any other intervention is unlikely to be considered a suitable repair (paragraph 6.5).
Some cases need more than one visit or a specialist. Where that can't happen within 10 working days, the landlord can rely on the exceptional circumstances procedure: tell the tenant which duty is affected, why, and the revised timescale, give initial findings where possible, and take reasonable steps meanwhile to limit the damp or mould (paragraphs 2.8 to 2.12 and 4.8 to 4.10). If a tenant refuses access despite reasonable attempts, the landlord is not in breach (paragraph 4.15), which is only provable if each attempt was recorded.
The written summary
Within 3 working days after the investigation, the landlord must issue a written summary to the tenant (paragraph 5.1). It must name who carried out the investigation, give a brief account of the process and findings with an explicit statement on whether the home is substantially free from damp and mould, list any repair done during the visit, and either confirm the work needed and a target date to start it or explain why substantial damp or mould was not found (paragraph 5.5). Where several investigators were involved, each one's findings go in (paragraph 5.2). The 3 days run to when the summary is issued, not when the tenant receives it, and electronic delivery is fine (paragraph 5.3). Contractors may draft or issue it, but the landlord stays responsible (paragraph 5.4).
In the HousingSurvey Pro portal, the written summary is drafted as a resident letter from the same case as the investigation, and the date it was provided is stamped on the case, including when it went out by post or email outside the platform.
Compensation and the Scottish Housing Regulator
Social tenants have a direct remedy. Under the amended Right to Repair Scheme, if the investigation or the start of repairs is late, the landlord must pay £15 plus £3 for each further working day, up to £100 under each heading (regulation 4(7) of SSI 2026/173). The scheme's usual £350 repair cap does not apply to the damp and mould duties (paragraph 7.5). Complaints should go through the landlord's own process first (paragraph 7.1).
Social landlords have no statutory duty to have regard to the guidance, but the Scottish Housing Regulator will have due regard to it when monitoring, assessing and reporting on landlords' performance (paragraph 1.7). If a tenant complains, the landlord will need evidence that it complied, or evidence of why it couldn't, and the guidance encourages clear records of every attempt (paragraph 2.15), kept in line with UK GDPR and the Data Protection Act 2018 (paragraph 2.16).
How Scotland differs from England
| Scotland | England | |
|---|---|---|
| Who it covers | Social landlords (Scottish secure and short Scottish secure tenancies) and private landlords | Social landlords only |
| Hazards | Damp and mould only | Emergency hazards and significant damp and mould now; more hazards from 30 November 2026 |
| Emergency track | None in these Regulations; faster Right to Repair timescales still apply | Investigate and make safe within 24 hours |
| Five days after the investigation | Start the repair | Complete relevant safety work |
| Days counted | Working days, excluding Scottish bank holidays | Working days, excluding English bank holidays |
England's position is explained in the statutory timeline and Phase 2 hazards. A landlord with homes in both nations needs each case labelled with the rules that govern it.
Temporary accommodation and Gypsy/Traveller sites
The Regulations apply to temporary accommodation that falls under the Right to Repair Scheme or the Repairing Standard, and the Scottish Government encourages social landlords to apply the guidance to the rest of their temporary accommodation as best practice. Landlords of publicly provided Gypsy/Traveller sites are expected to meet the investigation, summary and repair-start timescales through the Minimum Site Standards rather than the Regulations.
Where HousingSurvey Pro fits
- The in-person visit, recorded as it happens. Geo-stamped, fingerprinted photos and readings, captured offline and sealed on completion.
- One case from report to repair. Cases flow from your housing system or the portal to a surveyor's inbox, and the evidence flows back to the same property record.
- Contractors inside your chain. Contractor organisations capture against your stock under scoped access; the evidence belongs to you.
- Records that stand up later. Hash-chained per property, an append-only audit log, UK data residency and signed evidence bundles for a complaint or a regulator.
- Into your housing system. API, webhooks, EDI and SFTP, so the case lives where your repairs team already works.
HousingSurvey Pro records and evidences the work; it does not make a landlord compliant on its own. Whether a home is substantially free from damp and mould, and what repair it needs, stays the investigator's and the landlord's judgement.
More on Awaab's Law
- Awaab's Law & the evidence question (overview)
- Damp and mould compliance software in Scotland
- Awaab's Law for repairs contractors
- Free printable Awaab's Law checklist for Scotland
- Awaab's Law in Scotland explained, for social and private landlords
Frequently asked questions
When does Awaab's Law start in Scotland?
On 6 October 2026, through the Investigation and Commencement of Repair (Scotland) Regulations 2026. It applies to social landlords through the Right to Repair Scheme (Scottish secure and short Scottish secure tenancies) and to private landlords through the Repairing Standard. According to the Scottish Government's tenant guidance, cases reported before 6 October 2026 are not subject to the new timeframes.
What are the Awaab's Law timescales for social landlords in Scotland?
Once a social landlord is aware of damp or mould, a competent person must investigate within 10 working days. The landlord must issue a written summary of the findings within 3 working days after the investigation, start any repairs needed within 5 working days after the investigation where substantial damp or mould is found, and complete them within 20 working days of starting. Working days exclude weekends and Scottish bank holidays.
Does the investigation have to be in person?
The Scottish Government's guidance says investigations should be conducted in person unless an alternative method is justified, because an investigator on site can see issues that photographs or self-reporting may miss and can examine external causes. A remote investigation may be appropriate, for example at the tenant's request, but landlords should keep clear records of that decision.
What compensation can a social tenant in Scotland claim?
Under the amended Right to Repair Scheme, if the investigation or the start of repairs is late, the landlord must pay £15 plus £3 for each further working day, up to £100 under each heading. The guidance confirms the scheme's usual £350 repair cap does not apply to the damp and mould duties.
Does the Scottish Housing Regulator use the guidance?
Yes. The guidance says there is no statutory requirement for social landlords to have regard to it under the Right to Repair Scheme, but the Scottish Housing Regulator will have due regard to it when monitoring, assessing and reporting on landlords' performance.
Does HousingSurvey Pro calculate Scottish deadlines?
Not automatically. HousingSurvey Pro's built-in statutory clock follows England's Awaab's Law regulations and English bank holidays. For a Scottish case, the in-person investigation, photos, readings, written summary and works record all still sit on the same tamper-evident record, but count the 10, 3, 5 and 20 working-day steps against Scottish bank holidays yourself; DampApp Pro publishes a free Scottish timeline calculator that does this.
This page is general information, not legal advice. It summarises Scottish legislation and government guidance as read on 28 September 2026; always confirm the current requirements with your compliance team.