New Scottish Landlord Rules Take Effect: Damp, Tenancy Succession and Wrongful Termination

The changes include new requirements relating to damp and mould, changes to tenancy succession rights and increased compensation for wrongful termination.

The Scottish Government's private-renting timetable confirms that these measures form part of a wider programme of changes to Scotland's private rented sector.

New damp and mould duties

One of the most significant changes is the introduction of Scotland's implementation of Awaab's Law.

From 6 October, private and social landlords must investigate reports of damp and mould and begin required repairs within specified timescales.

The Scottish Government states that landlords must:

• Investigate reports within 10 working days.

• Provide a written summary of investigation findings within three working days.

• Begin necessary repairs within five working days of the investigation.

These requirements create a much clearer timetable for responding to damp and mould complaints.

Landlords need an effective reporting system

The new rules make record-keeping particularly important.

When a tenant reports damp or mould, landlords should record:

• Date and time of the report

• Property address

• Location of the problem

• Description of the issue

• Photographs where appropriate

• Inspection arrangements

• Investigation findings

• Remedial work required

• Date repairs began

• Completion date

• Communications with the tenant

A landlord who cannot demonstrate what action was taken may find it more difficult to defend a complaint or dispute.

The importance of competent investigations

The regulations do not simply require landlords to look at a problem casually.

The Scottish Government guidance states that the problem must be investigated by someone appropriately trained.

A landlord may use an external contractor or specialist where necessary.

This is particularly important where the cause of damp is unclear.

Damp may result from condensation, penetrating damp, rising damp, leaks or other building defects.

Identifying the underlying cause is therefore essential.

Tenancy succession changes

Another change taking effect on 6 October concerns succession rights.

The Scottish Government states that succession rights have been reduced from 12 months to six months.

Landlords and tenants should therefore review the updated rules rather than relying on older tenancy guidance.

Wrongful termination compensation increases

There are also important changes concerning wrongful termination.

Where a landlord has misled a tenant or the First-tier Tribunal into ending a tenancy, the tenant may be able to apply for compensation.

From 6 October, the compensation level increases to between three and 36 times the monthly rent.

Where a low rent is involved, a minimum monthly figure of £840 can be used for the calculation.

This makes it particularly important for landlords to ensure that any reason given for ending a tenancy is genuine and properly supported.

Why landlords need to be cautious

A landlord should not use one eviction ground as a pretext for another purpose.

For example, if a property is recovered on the stated basis that the landlord intends to sell it but is instead immediately re-let, that could create serious legal consequences.

The Scottish Government gives wrongful termination as an example of circumstances where a landlord may mislead a tenant or tribunal.

What landlords should do now

Scottish landlords should review their property-management procedures immediately.

A practical compliance checklist includes:

1. Update damp and mould procedures

Create a formal system for receiving and recording complaints.

2. Establish inspection arrangements

Ensure someone suitably competent can investigate problems within the required timeframe.

3. Keep written records

Document findings, communications and repairs.

4. Review tenancy procedures

Make sure staff and letting agents understand the updated succession and termination rules.

5. Check eviction documentation

Any notice or application should be supported by genuine facts and appropriate evidence.

6. Review property condition

Landlords should not wait for a tenant complaint before addressing obvious signs of damp, mould or disrepair.

Wider implications for the Scottish rental market

The changes reinforce a wider trend towards stronger tenant protections and more clearly defined landlord responsibilities.

For professional landlords, the answer is likely to be better systems rather than simply more paperwork.

Digital property-management systems can help landlords record complaints, schedule inspections, track contractors and maintain evidence of completed repairs.

A significant compliance milestone

The 6 October changes represent an important point in the development of Scotland's private rented sector.

Landlords now face clearer obligations around damp and mould and greater financial exposure where tenancy termination rules are breached.

For landlords, the most important lesson is straightforward: respond quickly, investigate properly and keep evidence of what was done.

Sources: Scottish Government private-renting policy and Awaab's Law guidance.

Disclaimer: This article provides general information and is not legal advice. Scottish landlords should obtain professional advice on individual cases.