THE PROPERTY FILTER TAKE
From 6 October 2026, private landlords in Scotland must have reported damp or mould investigated within 10 working days, while England has set no date for its private rented sector.
What this means for you: in England, a serious damp hazard can already bring a council penalty of up to £7,000.
Consider logging every damp or mould report with dates, photos and contractor findings now, so you can show what you did and when, whichever timetable reaches your portfolio first.
Private landlords in Scotland now work to a damp and mould clock. From today, 6 October 2026, a reported problem must be investigated within 10 working days, under the Investigation and Commencement of Repair (Scotland) Regulations 2026. England's private landlords have no equivalent deadline yet, but a serious damp hazard can already cost them up to £7,000.
What do the new Scottish damp and mould rules require?
The regulations amend the Housing (Scotland) Act 2006 and apply to private tenancies. They add a new line to the repairing standard (the minimum condition a Scottish rented home must meet): the house must be "substantially free from damp and mould".
The timetable runs from the day after the landlord is told, or otherwise becomes aware, of a possible problem. A competent person must complete an investigation within 10 working days. The tenant must then receive a written summary within 3 working days of the investigation finishing. If safety work is needed, it must start within 5 working days of the investigation finishing.
There is a safety valve. If circumstances beyond the landlord's control make a deadline impossible, the landlord must tell the tenant why and by when the landlord expects to comply. In the meantime, reasonable steps must be taken where practicable to limit the damp. The First-tier Tribunal must now consider compliance with these duties when it rules on the repairing standard.
In practice, the tenant now gets something in writing at a fixed point, and the landlord gets a paper trail. Both sides know where they stand. Our free property resources hub collects practical material on tenancy compliance across the UK.
Does Awaab's Law apply to private landlords in England?
Not yet. Awaab's Law has applied to social landlords in England since 27 October 2025, according to GOV.UK's guidance for social landlords. They must investigate significant damp and mould hazards within 10 working days and make emergency hazards safe within 24 hours.
The private rented sector extension sits in section 60 of the Renters' Rights Act 2025. legislation.gov.uk marks that section as prospective, meaning it is not yet in force. No commencement date has been published.
The government has not set a timetable either. Its landlord and agent guide to the HHSRS was updated on 16 September 2026. It says only that the government will "consult in the coming months" on applying Awaab's Law to private rented housing.
Social housing is moving faster. A GOV.UK announcement of 13 July 2026 confirmed that phase two of Awaab's Law starts on 30 November 2026, adding seven more hazard categories for social landlords.
What can an English council already do about damp and mould?
Quite a lot. Councils assess homes in England using the HHSRS (Housing Health and Safety Rating System, the official method for scoring risks to health in a home). The updated system came into force on 23 June 2026 and cut the number of hazards from 29 to 21, according to GOV.UK.
Since 22 June 2026, councils can impose a penalty of up to £7,000 when they first act on a category 1 hazard. That is the most serious level, where the council must act. Under section 6A of the Housing Act 2004, this applies where removing the hazard was reasonably practicable for the responsible person. The government named severe damp and mould as an example when it announced the power.
The scale matters. GOV.UK estimates that around 10% of private rented homes have at least one hazard at that most serious level.
Ignoring an improvement notice (a formal order to carry out repairs) is a separate offence. The HHSRS guide says councils can impose a civil penalty of up to £40,000 for offences committed on or after 1 May 2026, as an alternative to prosecution. As we covered in our report on the Chesterfield letting agent fine, each council sets its own penalty policy.
Your tenants also have their own route. The Homes (Fitness for Human Habitation) Act 2018 inserted section 9A into the Landlord and Tenant Act 1985. In the leases it covers, it implies a covenant that a home in England is fit for human habitation. The covenant runs for the whole term.
What does this mean for your tenants and your yield?
Start with the tenant's view. Scottish tenants now get a written summary within 3 working days of the investigation. English tenants can already complain to the council, which can now fine a landlord when it first takes enforcement action.
Then your own numbers. Benham and Reeves, a London letting agency, argued in a post published on 28 September 2026 that painting over mould hides the moisture rather than removing it. Its list of knock-on costs includes rent disputes, early tenant departure and a prolonged void. If you want to test how far a void month dents your margin, our free stress test calculator shows how much rental cover your loan needs.
The Decent Homes Standard is the longer horizon. The government confirmed an implementation date of 2035 in its June 2026 response to a Commons committee. It also said landlord guidance would follow by the end of 2026.
Key takeaways
From 6 October 2026, Scottish private landlords must have reported damp or mould investigated within 10 working days, give a written summary within 3 working days and start any safety work within 5 working days of the investigation finishing.
In England, section 60 of the Renters' Rights Act 2025, which extends Awaab's Law to private renting, is not yet in force and has no published start date.
Since 22 June 2026, English councils can impose a penalty of up to £7,000 when they first act on a category 1 hazard such as severe damp and mould.
Failing to comply with an improvement notice can bring a civil penalty of up to £40,000 for offences committed on or after 1 May 2026.
Phase two of Awaab's Law for social housing in England starts on 30 November 2026, and the Decent Homes Standard has a 2035 implementation date.
Frequently asked questions
Does Awaab's Law apply to private landlords in England?
What are the new damp and mould deadlines in Scotland?
Can an English landlord be fined for damp and mould?
Is there an automatic £40,000 fine for mould?
When does the Decent Homes Standard apply to private rented homes?
