New damp and mould rules and termination changes now in effect
Summary
Scotland is introducing new duties for private landlords on damp and mould, requiring prompt investigation, written reporting to tenants and timely remedial action where substantial issues are found. The reforms also shorten the tenancy succession qualifying period after a tenant’s death and substantially increase the potential award for wrongful termination of a Private Residential Tenancy from October 2026.
Why it matters
Residential surveyors involved in rental property inspections, defect reporting or landlord advice in Scotland will need to understand the new statutory timescales and escalation expectations around damp and mould. The changes also affect tenancy management risk and compliance exposure for landlords and letting agents, which may influence instructions and reporting practices.
Key points
- Competent investigation of damp or mould must begin within 10 working days of awareness.
- Tenants must receive a written summary within three working days of the investigation ending.
- Substantial damp or mould requires remedial work to start within five working days and finish as soon as reasonably practicable.
- Tenancy succession qualifying period in relevant cases reduces from 12 months to six months from 6 October 2026.
- Wrongful termination awards may rise to between three and 36 times the relevant sum for tenancies ending on or after 6 October 2026.
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