On 21st January 2026 draft regulations – Top of Form
Bottom of Form
The Investigation and Commencement of Repair (Scotland) Regulations 2026 – were laid before the Scottish Parliament.
The regulations are a significant milestone in Scotland’s efforts to improve rented housing conditions by introducing new duties on private landlords to strengthen tenants’ rights and protect from damp and mould.
It was initially anticipated the changes would be enforced in spring 2026 but this has been delayed until later in the year with the new duties now set to commence on 6th October 2026.
The regulations operate by amending existing legislation surrounding the repairing standard contained within the Housing (Scotland) Act 2006 and aim to ensure a degree of uniformity across the sector by requiring investigation and action within set timeframes.
The changes go significantly further than what is currently required under the repairing standard and for the first time create fixed statutory timescales thus removing ambiguity as to what is expected from landlords.
Once a landlord is notified or becomes aware of a damp or mould issue, they must:
- Investigate within 10 working days, using a suitably competent person
- Provide the tenant with a written summary within 3 working days of completing the investigation
- Where the investigation determines relevant safety work is required, commence repairs within five working days of completing the investigation
If circumstances beyond the landlord’s control mean compliance is not possible within those timescales, landlords must:
- Notify the tenant the landlord is unable to comply and state the reason why
- Specify the time period within which the landlord expects to be able to comply
- Take reasonable steps to minimise the effect of damp or mould until the landlord can comply
In both situations, landlords must have regard to any guidance issued by the Scottish Ministers. At the time of writing, such guidance has not yet been published but this can presumably be expected before October 2026. Meantime, landlords and agents are advised to prepare for forthcoming changes by reviewing inspection and repair processes, amending timescales where required and ensuring relevant staff are suitably trained on the new requirements.
While damp and mould are the current focus, it is important to note that other qualifying hazards will be introduced over time to further strengthen tenant protections from sub-standard housing conditions.
Contact our PRS team at prs@tcyoung.co.uk or visit www.tcyoung.co.uk to get in touch.
