Agents urged to prepare for damp and mould law change today
Summary
Scotland has introduced new rules from today covering damp and mould, tenancy succession and wrongful termination in private residential tenancies. The changes place tighter timeframes on investigation and remediation of damp and mould, reduce the qualifying period for succession in certain cases, and increase potential awards for wrongful termination claims from October 2026.
Why it matters
Residential property surveyors involved in rental property inspections, defect reporting and compliance support need to understand the new Scottish duties and timescales. The changes may affect how damp and mould issues are identified, documented and escalated, particularly where surveyors support landlords or letting agents.
Key points
- New damp and mould duties apply to private landlords in Scotland under the Repairing Standard.
- A competent person must investigate reports within 10 working days and provide a written summary within three working days.
- Where substantial damp or mould is found, remedial work must start within five working days and finish as soon as reasonably practicable.
- The qualifying period for tenancy succession after a tenant’s death will reduce from 12 months to six months for relevant tenancies from 6 October 2026.
- Potential awards for wrongful termination claims will rise significantly for tenants leaving on or after 6 October 2026.
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