Scotland: Awaab's Law, WTO fines, succession rules change

From 6 October 2026, landlords in Scotland must follow a new framework when a tenant reports, or the landlord otherwise becomes aware of, damp or mould in the property. This is often referred to as Awaab's Law. It sets timescales for investigating and reporting on the issue, and requires repair works where the investigation finds the damp or mould is substantial.

The fine scale for Wrongful Termination Orders has also changed. A WTO can be issued if a tribunal finds a landlord misled a tenant into leaving a Private Residential Tenancy by using an eviction ground that did not apply. For tenants who move out on or after 6 October 2026, the fine scale rises from 0-6 months' rent to 3-36 months' rent. Where rent is below £840 a month, the fine is calculated using multiples of £840 instead of the actual rent.

Separately, the qualifying period for tenancy succession has been reduced. Under the PRT regime, a partner, family member or carer living with the tenant before their death can automatically succeed to the tenancy. Previously this required 12 months of living together before the death. For deaths on or after 6 October 2026, the qualifying period is 6 months.

These changes apply to Scotland only. The wrongful termination and succession changes relate to Private Residential Tenancies; the source does not state the scope of the damp and mould framework beyond landlords being notified of, or becoming aware of, damp or mould.

• Awaab's Law affects any landlord notified of, or who becomes aware of, damp or mould in a let property.
• The higher WTO fine scale affects any landlord using an eviction ground under a PRT, since a wrongly used ground now carries a much larger financial risk if a tribunal upholds a tenant's complaint.
• The shorter succession qualifying period affects landlords where a tenant dies and someone else has been living in the property with them.

• Set up or review a process for recording when you're told about damp or mould, so you can show you investigated within the required timescales.
• Check SAL's and the Scottish Government's guidance on Awaab's Law for the specific timescales and reporting duties.
• Before issuing any eviction notice on a PRT, make sure the ground you're relying on genuinely applies, given the higher fine scale for wrongful termination.
• If a tenant dies and someone else has been living in the property, check how long they lived there against the new 6-month qualifying period.
• Check with a solicitor if you're unsure whether a succession claim is valid or whether an eviction ground applies.