Scottish landlords are now facing new requirements for dealing with damp and mould, alongside changes to tenancy succession and compensation for wrongful termination.
The changes came into force on 6 October 2026 and form part of the latest reforms to Scotland's private rented sector.
For landlords, the changes mean that responding quickly to property issues, following the correct tenancy procedures and keeping clear records are more important than ever.
New deadlines for damp and mould reports
The biggest change is the introduction of Awaab's Law requirements for Scottish private and social landlords.
From 6 October, landlords must investigate a report of damp or mould within 10 working days of becoming aware of it. The investigation must be carried out by someone with the appropriate skills and experience.
Once the investigation is complete, the landlord must provide the tenant with a written summary within three working days.
If substantial damp or mould is identified, any necessary repairs must start within five working days of the investigation.
For private landlords, the repairs must then be completed as soon as reasonably practicable.
Importantly, landlords are expected to address the underlying cause of damp and mould where reasonably possible, rather than simply treating the visible symptoms.
What if the deadline cannot be met?
There can be exceptional circumstances where a landlord cannot meet the required timescale, such as unexpected contractor or supply-chain problems.
In these situations, the landlord must tell the tenant why the deadline cannot be met, provide a revised timeframe and take reasonable steps to reduce the impact of the damp or mould while the issue is being resolved.
This makes record-keeping particularly important. Landlords are encouraged to retain evidence of reports, inspections, communications, repairs and any attempts to meet the required deadlines.
Tenancy succession period has been reduced
The changes also affect what happens when a tenant dies.
The qualifying period for certain people to succeed to a Private Residential Tenancy has been reduced from 12 months to six months.
This change applies where the tenant dies on or after 6 October 2026.
Landlords should therefore be aware that someone who has lived with the tenant for at least six months may have succession rights, depending on the circumstances.
Wrongful termination compensation has increased
Another significant change concerns wrongful termination.
Where a landlord misleads a tenant or the First-tier Tribunal into ending a tenancy, the former tenant can apply for compensation.
From 6 October, the compensation range has increased to between three and 36 times the monthly rent. Where the actual rent is below £840 per month, an £840 figure is used for the calculation.
This means landlords need to take particular care when relying on grounds for ending a tenancy and should ensure that the reason given is genuine and properly supported.
What should landlords do now?
Scottish landlords should review their current property management processes and make sure they can:
- Respond quickly to damp and mould reports
- Arrange competent inspections within the required timeframe
- Record investigation findings and repair work
- Keep clear communication records with tenants
- Track tenancy changes and succession information
- Keep evidence supporting decisions to end a tenancy
- Store important property and compliance documents securely
For landlords managing multiple properties, having this information organised can make it easier to identify issues, meet deadlines and demonstrate what action was taken.
What does this mean for landlords elsewhere in the UK?
These changes are specific to Scotland and should not be treated as UK-wide rules.
England, Wales and Northern Ireland have their own private rented sector legislation and implementation timelines. In England, for example, Awaab's Law is due to be extended to the private rented sector, but the detailed implementation arrangements are separate from the Scottish rules.
For landlords with properties in different parts of the UK, it is therefore important to check which requirements apply to each property.
The takeaway
The latest Scottish reforms reinforce a wider trend across the rental sector: landlords need to be able to respond to issues quickly and keep a clear record of what they have done.
With new deadlines for damp and mould, changes to succession rights and much higher potential compensation for wrongful termination, staying organised is becoming an increasingly important part of property management.
Frequently Asked Questions
When did the new damp and mould rules come into force?
The new Scottish requirements came into force on 6 October 2026.
How quickly must landlords investigate damp or mould?
A competent person must investigate the issue within 10 working days. A written summary must then be provided within three working days, and necessary repairs must begin within five working days if substantial damp or mould is identified.
How much can wrongful termination compensation be?
From 6 October 2026, compensation can be three to 36 times the monthly rent, with an £840 minimum figure used where the actual rent is lower.
Do these rules apply to landlords in England?
No. These specific changes apply to Scotland. Other parts of the UK have separate rules and implementation dates.
