Letting agents in Scotland face new deadlines for dealing with damp and mould when regulations come into force next month.
The Investigation and Commencement of Repair (Scotland) Regulations 2026 will take effect from 6 October. They introduce specific timescales for landlords to investigate problems and start repairs.
Under Scottish government guidance, landlords will normally have 10 working days to investigate reports of damp or mould.
They must then provide tenants with a written summary within three working days of completing the investigation. Where repairs are required, work must begin within five working days of the investigation ending.
The changes will require letting agents and property managers to review procedures covering inspections, record keeping, access and contractors.
Agents may also need to consider when they should bring in specialist damp and mould expertise.
Agents face practical compliance questions
Propertymark will hold a webinar ahead of the changes to examine how agents should respond to the new requirements.
The session will consider what constitutes a competent investigation and when agents should escalate a problem. It will also look at cases where the cause of damp or mould remains unclear.
Another issue will be what agents should do when circumstances prevent contractors from starting repairs within the required timeframe.
Scottish government guidance says landlords must investigate when they become aware that damp or mould may affect a property.
If circumstances beyond their control prevent them from meeting a deadline, landlords must inform the tenant and explain the delay. They must also take reasonable steps to minimise the impact where practicable.
The rules could present particular challenges where agents struggle to find suitable contractors or specialists. Propertymark says availability in rural areas could also prove an issue.
Record keeping under spotlight
The webinar will examine the importance of maintaining records showing how agents and landlords responded to reports.
It will also consider the relationship between landlords’ obligations and tenant behaviour. This includes issues surrounding heating, ventilation and moisture.
Hazel MacIver, Propertymark’s policy and campaigns officer, said: “The new damp and mould regulations introduce clear timescales, but for agents the practical questions are just as important as the legal requirements.
“How do you respond when a report comes in? Who is competent to investigate? What happens when the cause is not immediately obvious, or when a repair cannot be completed within the required timeframe?
“This webinar is designed to get into those practical considerations and give agents the opportunity to hear directly from legal, policy and industry experts, as well as raise their own questions.”
MacIver will chair the webinar alongside Glenham Property managing director Miles Gilham and lawyer Rory Cowan. Propertymark’s Timothy Douglas will also join the panel.
Other tenancy changes approaching
Agents also face other changes under the Housing (Scotland) Act 2025 from 6 October.
Compensation for wrongful termination claims will increase to between three and 36 months’ rent. A minimum award of £840 will apply where the monthly rent falls below that amount.
Succession rules will also change. The qualifying period for someone to live in a property before succeeding to a tenancy will fall from 12 months to six months.
Propertymark’s online webinar will take place from 2pm to 3pm on 1 October.
