Editor's note: This brief was summarised by The Property AI Team from a report by PropertyWire. Read the original article for full details.
Scotland's New Rental Laws: Damp and Mould Duties for Landlords
Scotland has implemented new rental regulations as of 6th October 2026, introducing stricter requirements for landlords and letting agents regarding damp and mould, tenancy succession, and wrongful termination penalties.
Damp and Mould Investigation Requirements
Under the new regulations, landlords must ensure that a competent person investigates reports of damp and mould within 10 working days. A written summary of the investigation must be provided to tenants within three working days of the investigation's completion. Where substantial damp or mould is identified, remedial work must begin within five working days and be completed as soon as reasonably practicable.
Letting agents managing properties on behalf of landlords will need to ensure reports are dealt with promptly, with appropriate records and access to competent contractors in place.
Hazel MacIver, Policy and Campaigns Officer at Propertymark, said: "For landlords and agents, robust processes and compliance will be essential. Propertymark continues to engage with the Scottish Government to support clear and workable implementation of these reforms."
Tenancy Succession Period Reduced
The reforms reduce the qualifying period for a person to inherit a private residential tenancy following a tenant's death. The period will reduce from 12 months to six months for relevant tenancies where the tenant dies on or after 6th October 2026.
Increased Penalties for Wrongful Termination
Tenants can now apply to the First-tier Tribunal for a Wrongful Termination Order if they believe their landlord misled them into leaving a Private Residential Tenancy by relying on an eviction ground that did not apply. For tenants who leave a property on or after 6th October 2026, the potential award will increase significantly, from the current range of up to six months' rent to between three and 36 times the relevant sum, subject to the statutory calculation.
Eddie Hooker, Chief Executive of mydeposits Scotland, said: "This is a really important change which should help raise standards, remove ambiguity and, most importantly, ensure tenants are better protected and homes are kept safe. Damp and mould can have serious consequences, so having clear expectations around how quickly problems must be investigated and acted upon is a positive step."
Hooker added: "For landlords, the biggest practical change is that the clock will now be ticking. They need to be confident they have the systems and contractors in place to respond within the new timescales. The cause of damp and mould is not always immediately obvious, but questions around responsibility should not delay the initial response. Early reporting, good communication and clear records from the outset will be more important than ever."
Market Implications
The regulatory changes come at a time when landlords face increasing operational costs across the property sector. Industry professionals will need to assess whether these additional compliance requirements affect rental yields and investment decisions in the Scottish market.
Source: PropertyWire