Scottish farm landlords face 10-day damp and mould deadline

Scottish farms and estates letting residential property will have just 10 working days to investigate suspected damp and mould under new rules taking effect from Tuesday (6 October).

The changes introduce tighter deadlines for landlords, including those managing cottages and other residential property on farms and estates.

Legislation and housing standards applying to privately rented homes are also usually applicable to tied accommodation provided to staff, according to Strutt & Parker.

The requirements fall under The Investigation and Commencement of Repair (Scotland) Regulations 2026 and are often referred to as Awaab’s law.

Under the new rules, landlords who are notified of, or otherwise become aware of, a potential damp or mould problem must arrange for it to be investigated by a “competent person”.

That investigation must establish whether the property is “substantially free from damp and mould” and whether remedial work is required.

The assessment must be completed within 10 working days of the landlord first becoming aware of the potential problem.

A written summary of the findings must then be provided to the tenant within three working days of the investigation being completed.

Where repairs or other remedial work are required, landlords must ensure the work begins within five working days of the investigation being completed.

Gillian Ferguson, senior associate director in Strutt & Parker’s Rural team in Scotland and a residential property management specialist, said landlords had already been required to address damp and mould, but the new regulations introduce clearer deadlines.

“Scottish landlords have been required for some time to deal with damp and mould, but the new rules which fall under ‘The Investigation and Commencement of Repair (Scotland) Regulations 2026’ introduce clear timescales for action to be taken.”

Ferguson said the tighter timetable was intended to improve protection for tenants, although identifying and resolving damp problems within the deadlines could prove difficult in some properties.

“These tight timescales for action are a positive step towards improving tenants’ health,” she said.

“However, the causes of damp and mould can be complex and often occur because of several issues within a property, so solving the problem quickly may prove practically challenging.”

Where a deadline cannot be met, landlords must give the tenant a written explanation setting out why there has been a delay and when the required work is expected to take place.

The Scottish Government has also issued guidance for landlords and tenants, including information on different forms of damp and common underlying problems.

Ferguson stressed that responsibility for complying with the requirements remains with the landlord, even where an agent manages the property on their behalf.

“The guidance is also clear that the ultimate responsibility for meeting the new requirements and timescales is the landlord's,” she said.

Strutt & Parker is advising landlords using managing agents to check that they have the experience, procedures and resources needed to respond to damp and mould reports within the new deadlines.

For farms and estates, the regulations mean existing arrangements for receiving tenant reports, arranging inspections and commissioning repairs may need to be reviewed.

Landlords may also want to ensure property records and communication procedures are robust enough to show that problems have been investigated and acted upon within the required timescales.