The Investigation and Commencement of Repair (Scotland) Regulations 2026, commonly referred to as Awaab’s Law, come into force in October, introducing new responsibilities for landlords around tackling damp and mould in rented homes.
The regulations are welcome and we fully support their intent. Every tenant should be able to live in a safe, warm and healthy home, and strengthening protections around damp and mould is an important step towards achieving that. Social landlords have a fundamental role to play and are committed to meeting the responsibilities the regulations introduce.
But if these regulations are to deliver the change they intend, the Scottish Government must now publish the statutory guidance without delay.
The guidance will be critical in translating legislation into effective action. It must provide clear, practical expectations for how the regulations will operate, giving landlords certainty to prepare properly and tenants a clear understanding of their rights and responsibilities. This should include reporting concerns, access to properties, investigation and communication, while allowing landlords flexibility to determine the most appropriate remedial response for each home. Timely access for inspections and remedial works will also help ensure issues are resolved as quickly as possible.
Social landlords are already investing in prevention and in identifying, investigating and resolving damp and mould. At Albyn Housing Society, this includes proactive inspections and tenant support, alongside energy advice, help to access benefits and an annual £140,000 fund supporting tenants experiencing financial hardship.
Tenant safety remains paramount. But regulation alone will not eliminate damp and mould. We also need to address underlying causes, particularly fuel poverty, energy affordability and the energy efficiency of homes.
Improving thermal performance can reduce heating costs, tackle fuel poverty and lower the risk of condensation, damp and mould, while supporting Scotland’s climate ambitions. But landlords need certainty to make long-term investment decisions. The review of the Energy Efficiency Standard for Social Housing began in 2022, with consultation on the proposed Scottish Housing Net Zero Standard closing in 2024. Final decisions are now anticipated in spring 2027. This extended timetable makes it harder for landlords to plan investment at the scale required.
These challenges are particularly acute in the Highlands. Albyn is one of the largest social housing providers in the region, with more than 3,900 homes across 80 communities. Many tenants live in rural areas where colder conditions and properties not connected to the gas grid can make keeping a home warm more challenging.
Tackling damp and mould must therefore be a partnership between government, landlords, tenants, energy providers and advice organisations. Landlords must meet their obligations and act quickly. Tenants should feel confident reporting concerns early, knowing their landlord will listen and respond, while providing access where needed so investigations and remedial works can take place. The Scottish Government must provide the framework, investment and wider support that makes prevention possible.
Implementation should remain focused on early intervention, prevention and resolution. Effective redress is essential where landlords fail, but the primary objective should be to prevent harm and resolve issues before they escalate.
With the regulations coming into force in October, the Scottish Government now needs to act: publish comprehensive statutory guidance without delay, provide certainty on future housing energy standards and investment requirements, and ensure targeted support reaches households struggling to afford to heat their homes.
Success should ultimately be measured by fewer cases of damp and mould and more people living in warm, healthy homes.
Caroline Madden Head of Property Services at Albyn Housing Society