New rules are coming into force for Scotland’s private rented sector from 6 October 2026. Here’s what landlords need to know and what you should be doing now.
The Housing (Scotland) Act 2025 is introducing a number of changes to renting in Scotland over the next few years. Not everything happens at once, but 6 October 2026 is an important date for private landlords, with changes covering damp and mould, succession rights and wrongful termination.
Damp & Mould: Awaab’s Law Comes to Scotland
One of the biggest practical changes for landlords and letting agents is the introduction of new legal timescales for dealing with reports of damp and mould.
From 6 October 2026, private landlords must ensure that a competent person investigates reports of damp or mould within 10 working days of becoming aware of the problem. Following the investigation, the tenant must be provided with a written summary of the findings within 3 working days.
Where the investigation identifies substantial damp or mould requiring repair, the landlord must begin the necessary repair work within 5 working days of the investigation concluding.
For private landlords, the work must then be completed within a reasonable period.
Importantly, the aim isn’t simply to clean away visible mould. The underlying cause needs to be investigated and, where reasonably practicable, addressed to help prevent the problem returning.
What Does This Mean in Practice?
Good communication and record keeping are going to become even more important. Landlords and agents should have a clear record of:
-when the tenant first reported the issue;
-photographs or videos supplied;
-communication with the tenant;
-inspection dates;
-contractor reports and recommendations;
-works instructed and completed; and
-any delays and the reasons for them.
Where circumstances genuinely outside the landlord’s control prevent one of the statutory timescales being met, the tenant should be told what has happened and given a revised timeframe. Reasonable steps should also be taken, where possible, to minimise the damp or mould while the issue is being resolved.
Don’t wait until the mould appears
Prevention is always better than cure. Regular property inspections can help identify early warning signs such as condensation, poor ventilation, leaks, blocked guttering, water ingress or deteriorating seals before they develop into a more significant problem.
Tenants should also know exactly how and where to report a repair so that there is a clear record of when the landlord or agent first became aware of it.
For landlords who self-manage, it’s worth considering what would happen if a report arrived while you were on holiday or otherwise unavailable.
Changes to succession rights
There is another change affecting Private Residential Tenancies from 6 October 2026. The qualifying period associated with succession to a Private Residential Tenancy following the death of a tenant is being reduced from 12 months to 6 months.
This means that, where the relevant statutory conditions are satisfied, certain people who lived with the tenant may qualify to succeed to the tenancy after a shorter qualifying period.
It’s another reason why landlords and agents should keep accurate and up-to-date records of who is living in a property.
Much higher potential awards for wrongful termination
Landlords also need to be aware of a significant change to wrongful termination.
A wrongful termination can arise where a landlord misleads a tenant or the First-tier Tribunal in order to bring a Private Residential Tenancy to an end.
From 6 October 2026, the level of compensation that can be awarded to a former tenant increases significantly. The Tribunal will be able to make an award calculated at between 3 and 36 times the relevant monthly sum.
For lower rents, the legislation provides for a minimum relevant sum of £840 when calculating the award.
The message for landlords is straightforward: eviction grounds must be genuine, the correct legal process must be followed and there should be evidence supporting the reason for seeking possession.
What isn’t changing in October?
There has been a lot of discussion around the Housing (Scotland) Act 2025, particularly regarding rent controls, pets, personalisation of rented homes and joint tenancies.
It is important not to assume that every provision in the Act comes into force on 6 October.
The legislation is being introduced in stages, with further changes scheduled for 2027 and some provisions still requiring additional regulations before they become fully operational.
We’ll continue to update our landlords as each stage comes into force.
What should landlords do before 6 October?
Now is a good time to review how your property is being managed.
Make sure tenants have a clear way of reporting maintenance issues, check that inspections and repairs are properly documented and ensure you have reliable contractors who can respond when required.
Most importantly, don’t leave reports of damp, mould or water ingress sitting in an inbox.
The new rules introduce clear timescales, making a prompt and properly documented response more important than ever.
Let Brikk take care of it
Being a landlord in Scotland increasingly means keeping on top of changing legislation, compliance, inspections, maintenance, tenant communication and record keeping.
At Brikk, we manage the day-to-day details for our landlords, from tenant communication and property inspections to maintenance, compliance and keeping our procedures up to date as legislation changes.
If you own a rental property in Fife, Dundee or the surrounding area and would rather have someone take care of the details, we’d be happy to chat.
This article provides general information for Scottish landlords and should not be treated as legal advice. Individual circumstances can differ and landlords should obtain appropriate professional advice where required.
