Gregor MacEwan

The legal obligation on how landlords must respond to issues became more stringent this week with the introduction of legislation known as Awaab’s Law.

Named after Awaab Ishak – a two-year-old boy who died in England after prolonged exposure to mould in his family’s housing association home – it is designed to stop tenants living in unhealthy conditions for prolonged periods.

Gregor MacEwan, a partner at Lindsays, advises landlords in the private rental sector.

He said: “What happened to Awaab was a tragedy. No-one wants to see anything like that happen again. Responsible private rental sector landlords, like those we work with, want to ensure good living standards. 

“The practical reality of the legal change for landlords is that they must act on complaints about damp or mould almost immediately - appointing a competent person to investigate a complaint of damp or mould within 10 working days of notification.

“If repairs are needed, these must be completed within five working days, except for circumstances beyond the landlord’s control.

“Failing to act in accordance with the law could bring with it enforcement action in the Housing and Property Chamber of the First-tier Tribunal.”

The new rules modify the repairing standard set out in the Housing (Scotland) Act 2006.

The only reasons where a landlord cannot meet the new timescales are when circumstances are beyond their control, for example contractor shortages, severe weather, bereavement, difficulty gaining access to property or delays caused by external approvals.

“If a landlord needs to rely on this, they must tell their tenant, explain the reason, share when work is expected to be completed and take reasonable steps to minimise dampness or mould in the meantime,” Mr MacEwan added.

The law was changed by the Scottish government in consultation with stakeholders across the housing sector and is similar to changes made in England.

Housing Secretary Shirley-Anne Sommerville said: “We know the overwhelming majority of rented homes in Scotland are decent, warm and dry. But for the small number where that isn’t the case, this law closes the gap. Tenants no longer need to fight to be believed, and landlords now have a clear, consistent standard to work to.”