Letting agents

Damp and mould under the Repairing Standard: the assessment and the evidence file

From 6 October 2026, damp and mould is part of the Repairing Standard itself. That changes the question your team answers on every damp report. The question used to be "is this a repair?". Now it is "is this house substantially free from damp and mould, and can we show how we decided?"

What the law says

The standard. Section 13(1) of the Housing (Scotland) Act 2006 lists what a house must meet. Paragraph (ha) reads:

"the house is substantially free from damp and mould,"

legislation.gov.uk notes it was "inserted (6.10.2026) by The Investigation and Commencement of Repair (Scotland) Regulations 2026 (S.S.I. 2026/173)".

Source: Housing (Scotland) Act 2006, section 13 (legislation.gov.uk)

The landlord's duty. Section 14(1):

"The landlord in a tenancy must ensure that the house meets the repairing standard— (a) at the start of the tenancy, and (b) at all times during the tenancy."

The investigation. Section 14(5):

"If the landlord is notified by the tenant, or otherwise becomes aware, that the house is or may be affected by damp or mould, the landlord must ensure that an investigation is carried out by a competent person to determine— (a) whether or not the house is substantially free from damp and mould, and (b) if not, whether any relevant safety work is required in relation to the house."

Sections 14(6) to (9) set the timescales, and the notice to give if they can't be met. Our repair timescales page covers those.

Source: Housing (Scotland) Act 2006, section 14 (legislation.gov.uk)

How "substantially free" is judged

These duties are Awaab’s Law in Scotland. The Scottish Government's guidance, "Awaab’s Law: guidance for landlords in Scotland", gives investigators a framework. For the full workflow, see Awaab’s Law in Scotland. It is explicit that this is not a checklist:

"This framework is intended to support consistency by outlining a common set of factors that investigators could consider and should not be used in a prescriptive way." (para 3.23)

The factors it lists are:

• Exposure and extent: "Does the damp or mould extend across a large surface area?", "Is the presence of hidden moisture or mould suspected", "Is the damp or mould persistent?"
• Heightened vulnerability: "Is an inhabitant suspected to be more vulnerable to the effects of damp and mould?"
• Underlying cause: "Is there evidence of structural issues or defects within the property?" and "Is inadequate ventilation, insultation or heating issues suspected to be contributing to persistent dampness?" (spelling as on gov.scot)

There is no fixed size threshold. Para 3.24 says: "There is no set definition of a large surface area of damp or mould as the dimensions of each home differs." It points to the tolerable standard benchmark, under which "a house will normally be below tolerable standard if an assessor finds persistent visible penetrating damp" covering more than approximately "10% of the overall wallspace in one apartment in the house", "10% of the ceiling in one apartment in the house", or "20% of overall wallspace or ceiling in one or more other spaces in the house". (gov.scot footnote markers omitted.)

Source: Awaab’s Law: guidance for landlords in Scotland, section 3 (gov.scot)

Who investigates. The guidance says no specific qualification is required. It suggests looking for "Experience of inspecting or treating damp or mould within properties" and "Sufficient understanding of Scotland's housing standards framework" (para 4.1). Investigations "should be conducted in person unless an alternative method is justified". If one is done remotely, landlords should "maintain clear records of their decision making" (paras 4.3 and 4.4).

Source: Awaab’s Law: guidance for landlords in Scotland, section 4 (gov.scot)

What counts as a fix. "a mould wash without any other intervention is unlikely to be considered a suitable repair if it does not ensure the home continues to be substantially free from damp and mould" (para 6.5). If the damp or mould "has significantly changed or there is damp or mould in a new location, a new investigation is required" (para 6.7).

Source: Awaab’s Law: guidance for landlords in Scotland, section 6 (gov.scot)

If it goes to the Tribunal

Under section 22(1) of the Housing (Scotland) Act 2006, a tenant may apply to the First-tier Tribunal "for determination of whether the landlord has failed to comply with the duty imposed by section 14(1)(b)". That is the duty to meet the Repairing Standard, including being substantially free from damp and mould, at all times during the tenancy. Under section 22(1A), a local authority may also apply. The evidence file below is what shows how each report was handled.

Source: Housing (Scotland) Act 2006, section 22 (legislation.gov.uk)

The evidence file: what an agency keeps for each report

The law places the duty on the landlord. Your agency's job is usually to run the process and keep the record. For each damp or mould report, keep:

1. Awareness: the date of the report (or how the agency otherwise became aware), with the tenant's own words and photos.
2. Investigator: the name and company, and why they're competent (their experience against para 4.1).
3. Method: in person, or remote with the reason recorded (paras 4.3 and 4.4).
4. Factors: a note against each heading: extent, persistence, vulnerability, underlying cause.
5. Finding: an explicit "substantially free: yes / no", and if no, the work required and its root cause.
6. Written summary: a copy of what went to the tenant, and when.
7. Landlord instruction: what was asked, what was approved, and when (see landlord repair approval thresholds).
8. Repair and prevention: the treatment, and the root-cause work (ventilation, heating, structure).
9. Recurrence: if the problem returns or moves, start a new record and a new investigation.

For tenant and landlord message wording, see our templates page.

How Lorework helps

• Replies drafted your way. Lorework drafts replies that follow your agency's procedure, for staff to approve.
• Tenants kept informed. Once staff approve them, updates go to tenants by SMS.
• Nothing goes out unapproved. A member of staff approves every reply before it is sent.
• Your team works in chat. Staff check and approve each drafted reply in chat.

Questions

See it on your own damp and mould reports

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General information, not legal or qualified advice. Last checked 4 Nov 2026.