Awaab's Law is now in force across Scotland's private rental sector, creating firm legal timescales for responding to complaints about damp and mould. Named after two-year-old Awaab Ishak, who died in 2020 after prolonged exposure to mould in a Rochdale housing association flat, the legislation has moved from social housing into the private sector with considerable teeth. Landlords who ignore it don't just face reputational damage, they face legal liability.
Under the new rules, private landlords must acknowledge a damp or mould complaint within a defined period, investigate promptly, and begin remediation work within strict timescales. Lindsays, the Edinburgh-based law firm, has published guidance warning landlords that the obligations are substantially more robust than anything previously required. According to Lindsays' analysis, the legislation does not allow for the informal, indefinite deferrals that have historically characterised how some landlords handled these complaints. Timescales are now measured in days and weeks, not quarters.
The law sits within a wider tightening of Scotland's private rental framework. The Scottish Government has been progressively strengthening tenant rights through the Housing (Scotland) Act and associated regulations, and Awaab's Law represents a significant escalation in enforcement expectations. Shelter Scotland has long documented the scale of the problem: its research has consistently found that damp and mould affect a disproportionate number of private rental properties, particularly older tenement stock of the kind that dominates Edinburgh's rental market. That context matters. This is not abstract legislation, it targets a real and persistent problem in real buildings.
For Edinburgh landlords specifically, the risk exposure is material. The capital's private rental sector is heavily weighted towards Victorian and Edwardian tenement flats, many of which have structural vulnerabilities to moisture ingress, cold bridging, and inadequate ventilation. The Scottish House Condition Survey, published annually by the Scottish Government, has repeatedly identified damp as one of the most common repair issues in older private rental stock. Landlords who have historically treated mould as a cosmetic inconvenience, or blamed tenants for inadequate heating, will find that framing no longer holds up legally.
The practical implication is straightforward: if you receive a complaint about damp or mould from a tenant, the clock starts immediately. You need a documented response, a proper inspection, and a remediation plan with dates. Verbal reassurances and vague promises to "get someone in" are no longer sufficient. Legal professionals and property managers are advising landlords to build a clear paper trail from the first contact, including photographs, written communications, contractor quotes, and completion records. Landlords operating through letting agents should also verify that their agents are across the new obligations, responsibility doesn't transfer just because you've outsourced day-to-day management.
Scotland's Landlord Registration scheme, administered by local councils, already requires landlords to demonstrate they are fit and proper persons. Failures under Awaab's Law could intersect with that registration status, creating a compounding risk for landlords who manage multiple properties. If you're a private landlord in Edinburgh and you haven't already audited your properties for damp and mould risk, this week is the moment to start.