New rules governing how letting agents and landlords in Scotland handle damp and mould have come into force today, 6 October 2026. The Investigation and Commencement of Repair (Scotland) Regulations 2026 introduce specific timescales for responding to problems in rented homes.
Key deadlines for landlords
Under Scottish government guidance, landlords will normally have 10 working days to investigate after becoming aware of potential damp or mould. They must provide tenants with a written summary within three working days of completing the investigation. Where repairs are needed, work must begin within five working days of the investigation ending.
The new requirements mean letting agents and property managers may need to review their procedures. These include inspections, record keeping, property access and contractor arrangements. Agents will also need to consider when specialist damp and mould expertise is required.
Compliance challenges ahead
The rules require landlords to investigate when they become aware that damp or mould may be affecting a property. If circumstances outside their control prevent them from meeting a deadline, they must tell the tenant and explain the delay. They must also take reasonable steps to minimise the impact where practicable.
The requirements could prove challenging where suitable contractors or specialists are difficult to secure. Availability may be a particular issue in some rural areas. The regulations also raise practical questions over what constitutes a competent investigation. Agents will need to decide when a case requires specialist input, particularly where the source of damp or mould remains unclear.
Propertymark has highlighted the operational implications for agents, including the need to ensure internal processes can meet the new deadlines. Hazel MacIver, Policy and Campaigns Officer at Propertymark, says: “The new duties on damp and mould represent an important change for letting agents and landlords in Scotland. The timescales are clear, and agents will need to have robust processes in place from the point they become aware of a potential issue. Good record-keeping, clear communication with tenants and access to competent contractors will all be important in ensuring investigations and any necessary remedial work can happen within the required timescales.”
