What Landlords Can Learn from Scotland’s New Rental Rules

Scotland brought in a wave of new rental rules from 6 October 2026, with two changes standing out for landlords: tougher duties on damp and mould under Awaab’s Law and higher penalties for wrongful termination.

For landlords elsewhere in the UK, the detail may differ, but the direction of travel is clear. Governments expect faster repairs and better treatment of tenants from landlords and letting agents.

Why Scotland is implementing new rental rules

Awaab’s Law is named after Awaab Ishak, a two-year-old boy who died in 2020 after prolonged exposure to mould in his home in England. The Scottish Government says damp and mould can seriously affect physical and mental health, and some people are especially vulnerable to its effects. Its new regulations require both social and private landlords in Scotland to investigate reports of damp or mould and start any needed repairs within set timescales.

This is not just about punishing bad landlords. It is about making sure tenants do not live for months with unsafe conditions while reports get ignored, delayed or treated with a quick clean that never fixes the root cause.

How this differs from England

Awaab’s Law is already in force in England, but it currently applies only to the social rented sector, not private landlords. Phase 1 came into force for social landlords on 27 October 2025 and covers emergency hazards and significant damp and mould hazards.

Scotland’s change is wider because it covers both social and private landlords. That makes it especially important for private landlords, and for letting agents who manage homes on their behalf.

What changes in Scotland

Under the new rental rules, Scottish landlords must now respond to damp and mould reports through a formal process. Where substantial damp or mould is found, you must start any repair work within five working days after the investigation ends.

You will also need to show evidence of compliance if a tenant complains that you have breached the rules. That means you should keep records of reports, inspections, findings, access attempts, contractor instructions and completed works.

There are also changes to succession rights and wrongful termination. Succession rights for another person living in the home to take over the tenancy if the tenant dies have reduced. The qualifying person must usually have lived in the property as their only or main home for six months, rather than 12 months, before they can succeed to the tenancy.

Wrongful termination payments have also increased. The First-tier Tribunal will be able to award between three and 36 months’ rent where a private residential tenancy has been wrongfully terminated.

What landlords elsewhere can learn

Treat damp and mould as urgent

Landlords should stop seeing damp and mould as a minor maintenance issue. It can affect health and lead to a breakdown of the relationship with the tenant as well as opening the door to enforcement action.

A good process should include:

• A clear way for tenants to report damp and mould

• Prompt inspection

• Photos and written records

• A proper diagnosis of the cause

• Repairs that deal with the source, not just the stain

Painting over mould is not a solution, especially under the new rental rules. Fix the leak, improve ventilation, repair the roof, clear the gutter or deal with the cold surface that causes condensation.

Keep a repair audit trail

Scotland’s new rules show how important evidence has become. You should record when the tenant reported the issue, when you responded, what the inspection found, what work you ordered and when it was completed.

This protects both sides. Tenants can see that you took the issue seriously. You can prove you acted quickly and reasonably.

Be careful when ending tenancies

Higher wrongful termination penalties show that authorities want to stop landlords from using false or misleading reasons to remove tenants. Even outside Scotland, you should only serve notice when the reason is genuine and you have the evidence to back it up.

If you say you plan to sell, keep records that show this. If you need to move back in, document that clearly. Do not use possession grounds as a tactic to remove a tenant you simply find inconvenient.

Train agents and contractors

A good landlord can still run into problems if the people acting for them get the process wrong. Letting agents should know the rules and contractors should understand the urgency of hazards.

How to meet the new rental rules

Whether you need to meet the new rental rules in Scotland or not, there are many lessons to be learnt. Take repairs seriously, build a relationship with your tenants and make sure you use partners who know what the rules are to ensure you stay on the right side of the law. Executive Property Management Solutions can take property management off your hand, with our experienced and professional team providing a strong customer experience that keeps your tenants happy. Call us now to find out more on 0208 5757630.