Scotland is set to introduce groundbreaking new regulations designed to safeguard tenants from the dangers of damp and mould in rental properties. The proposed rules, which mark the first implementation of Awaab's Law north of the border, will impose fresh obligations on landlords to address these hazardous conditions promptly.
Key Provisions of the New Regulations
The Investigation and Commencement of Repair (Scotland) Regulations 2026, pending approval by the Scottish Parliament, will establish clear duties for landlords. Under these regulations, landlords will be required to investigate any reports of damp and mould in their properties and initiate necessary repairs within specified timeframes. This legislative move aims to prevent health risks associated with poor housing conditions.
Background: The Tragedy Behind Awaab's Law
The regulations are named in memory of two-year-old Awaab Ishak, who tragically died in 2020 from a severe respiratory illness caused by prolonged exposure to mould in his family's housing association flat in Rochdale, Greater Manchester. His death sparked widespread outrage and led to the passage of Awaab's Law in England, which mandates faster repairs of reported hazards in social housing and provides for rehousing tenants when needed.
In England, the law came into effect in October, with Awaab's father, Faisal Abdullah, expressing hope that it would protect others, though noting it could never bring his son back. The Scottish government is now following suit, extending similar protections to its rental market.
Government Commitment to Tenant Safety
Scotland's Housing Secretary, Mairi McAllan, emphasised the importance of safe living conditions, stating, "Everyone deserves to live in a home free from damp and mould." She explained that the new regulations will ensure landlords swiftly investigate and act on such issues. While approximately 90% of homes in Scotland are reportedly free from damp and mould, the government aims to guarantee protection for all tenants.
McAllan highlighted that Scotland is leading the way by applying these safeguards to both social and private rental sectors. The development of the regulations involved close collaboration with tenant groups, landlords, and other stakeholders to create practical and effective measures. Additionally, awareness campaigns will be launched to educate on the importance of quickly identifying and addressing damp and mould problems.
Implications for the Housing Sector
The introduction of these regulations represents a significant step in tenant protection, potentially setting a precedent for further housing reforms. Key aspects include:
- Mandatory investigation of damp and mould reports by landlords
- Strict timelines for initiating repairs
- Application across all rental properties, enhancing equity in housing standards
- Focus on preventive measures to avoid health crises
This proactive approach underscores Scotland's commitment to improving housing quality and ensuring that rental homes meet basic safety standards, thereby reducing health risks associated with substandard living conditions.
