What we measure, and why it holds up.

SI 2025 No. 1042. In force 27 October 2025.

Inserted sections 10A and 10B into the Landlord and Tenant Act 1985.

Definitions of 'significant hazard' and 'emergency hazard'.

Power to extend Awaab's Law to the private rented sector.

10-working-day investigation requirement for significant hazards.

3-working-day written summary requirement.

Landlord's repairing obligations — structure and exterior of dwelling.

Implied covenant of entry for landlord, 24 hours' written notice required.

Amended LTA 1985 to imply a fitness covenant in short leases. Tenants may bring a direct claim.

Civil penalty up to £30,000 for HHSRS Improvement Notice breach, inserted by Housing and Planning Act 2016 s.136.

Section 21 notices abolished from 1 May 2026. All ASTs converted to assured periodic tenancies. Transitional period for existing notices.

Rent increases limited to once per 12 months with 2 months' written notice. Tenant right to challenge at First-tier Tribunal.

Rent in advance capped at one month for tenancies starting after 1 May 2026. Rental bidding prohibited.

Establishes the Private Rented Sector Landlord Ombudsman. Mandatory membership for all private landlords once commenced.

Mandatory landlord and property register. Required as a prerequisite for serving Section 8 notices once in force.

Extends the Decent Homes Standard to the private rented sector. Commencement date to be confirmed via secondary legislation.

24 hours to investigate and to complete the safety work. Clock hours, not working days. Runs from awareness where the landlord has reasonable grounds to believe there is an emergency hazard, or from the investigation completing where the investigation is what identifies it.

Safety work must be completed — not merely begun — 'within the period of 5 working days beginning on the day after the day on which the relevant investigation is completed'.

The 12-week longstop: 'before the end of the period of 12 weeks beginning with the day after the day on which the relevant investigation … is completed'. Measured from the investigation, not from the expiry of the 5 working days.

10 working days beginning the day after the lessee requests a physical inspection. Applies only where the earlier investigation involved no physical inspection and no preventative work has begun.

Published 17 October 2025, last updated 16 July 2026. Section numbers in body text refer to this guidance.

Phase 2: 'In 2026'. Phase 3: 'In 2027'. No month here as at 11 August 2026 — the Phase 2 date is now set by its own guidance, cited at [45].

'From 30 November 2026, Awaab's Law will be extended to the following hazards': excess cold, excess heat, falls on the level, structural collapse, fire and explosions, electrical hazards and domestic hygiene, where they present a significant risk of harm. Updated 31 July 2026. Its companion triage guidance 'does not include specific thresholds – for example, on specific temperatures'. Verified 29 October 2026.

Remote or in-person, at the landlord's informed discretion. Section 4 subdivides as 4.1 and 4.2 only — the Day Zero rule is in Section 3, cited at [23].

Required contents of the written summary.

12-week longstop for preventative work that cannot begin within 5 working days. Both periods are measured from the investigation concluding — the operative provision is Regulation 13, cited at [31].

Section 10A(5) LTA 1985. Landlord has a defence if they used all reasonable endeavours.

When the landlord 'becomes aware' — what triggers Day Zero: the day of awareness is day zero, day one is the following working day. Also the source for the environmental-monitoring passage, including the caveat that a risk notification is not by itself awareness of a hazard.

Vulnerability assessment requirements and GDPR considerations.

MHCLG: 'It is unacceptable for social landlords to assume that the cause of a hazard, such as damp and mould, is due to the tenant's lifestyle.'

The reasonable-lessor test as the guidance states it, and the source for 'a tenant does not necessarily have to have a specific vulnerability for a hazard to be deemed a significant hazard: some hazards can pose a danger to anyone.' Verified against the page source 28 August 2026. Note a near-twin sentence sits earlier, under Section 3 itself: 'a tenant does not need to have a specific vulnerability to potentially be at risk from certain hazards' — different wording, so check which one a quote is taken from. 3.2 closes by pointing to Section 3.5 for the tenant-information detail, cited at [24].

'Awaab's Law applies to the types of hazards prescribed by the HHSRS (other than overcrowding) but does not require a full HHSRS assessment.' The section a workflow keyed off HHSRS categories contradicts — the operative terms are significant hazard and emergency hazard, not Cat 1 / Cat 2. Verified against the page source 28 August 2026.

Background to the Awaab Ishak case at paragraphs 1.1–1.4.

October 2021. 26 recommendations remain the operational benchmark.

£5m+ compensation ordered. 40%+ damp/mould. Almost £32k largest single order.

✅ **Made, SSI 2026/173 — made 24 March 2026, in force 6 October 2026.** Re-read as made on 25 September 2026. ⚠️ **This reference pointed at a draft until then, and nothing would have said so:** legislation.gov.uk's draft page (ISBN 978-0-11-106559-4, itself superseding 978-0-11-106509-9) still carries 'has not yet been made as a Scottish Statutory Instrument' and does **not** link forward to the made version. It was found by searching the made-SSI index, not by revisiting the draft. Amends the Housing (Scotland) Act 2006 and the Scottish Secure Tenants (Right to Repair) Regulations 2002. Four regulations: citation and commencement, interpretation, modification of the repairing standard, modification of the right to repair. ✅ The 10, the 3 and the 5 are each worded 'N working days beginning with the day after' — the English SI's convention, and what `add_working_days` implements. ✅ **The completion anchor is resolved in the guidance's favour.** The draft made the twenty days look like an ordinary Right to Repair maximum, measured from notification; the made instrument inserts a bespoke regulation 10(2)(c) — 'where regulation 8A applies, the date the qualifying repair is commenced under regulation 8A(5)' — so substantial damp or mould is measured from **commencement**, unlike every other qualifying repair in that schedule. Guidance §6.3 and the instrument agree. ✅ **No emergency or 24-hour period appears anywhere in the made text.** ⚠️ Regulation 8A(7)–(9) **suspends** the periods while circumstances beyond the landlord's control prevent compliance, on written notice specifying the reason and a revised period, plus a duty to take reasonable steps to minimise the extent to which the house is affected. Note the limit: suspension reaches paragraph (3) (the investigation) and paragraph (5) (commencing the repair) — **not** the three-day written summary, which cannot be suspended. Not modelled; see the delay-mechanism task.

Published 4 September 2026, last updated 9 September 2026. Scope is 'all accommodation in Scotland that falls under the Right to Repair Scheme or the Repairing Standard' (2.1) — the Right to Repair covering Scottish secure and short Scottish secure tenancies (2.2), the Repairing Standard covering any house let for human habitation bar those in section 12(1) of the Housing (Scotland) Act 2006 (2.3). Occupancy arrangements and mobile homes are outside the Repairing Standard; publicly provided Gypsy/Traveller sites get comparable protection under separate Minimum Standards at Annex A. Duties bite only where 'the damp or mould is part of buildings for which the landlord is responsible, and the repair is the responsibility of the landlord' (2.4). The summary table is at 2.5 and adds a continuing duty to keep the house substantially free from damp and mould so far as reasonably practicable. ⚠️ 2.6: these are **maximum** timeframes, and where other legislation sets a quicker one it governs — its example is one working day for a significant leak in a social tenancy under the Right to Repair scheme. There is no 24-hour emergency duty anywhere in this guidance. 2.7 defines a competent person; 2.8–2.13 the exceptional-circumstances procedure; 2.14–2.16 record keeping under UK GDPR and the Data Protection Act 2018. Verified 14 September 2026.

1.1 fixes commencement at 6 October 2026. ⚠️ 1.7 is the paragraph that settles what this guidance *is*, and it differs by sector: a **private** landlord 'must have regard to this guidance' when a court or tribunal determines repair standards, while for a **social** landlord there is 'no statutory requirement … to have regard to this guidance' — though the Scottish Housing Regulator will reference it when monitoring landlord performance. So the Regulator does have a role, in monitoring rather than as an enforcement route under §7. 1.5 lists the statutory duties landlords already hold; 1.8 warns the guidance is non-exhaustive and case-by-case judgement still applies. Verified 14 September 2026.

Where day zero comes from. 3.16: awareness arises through routine inspections or visits, work on a separate repair, third-party notification from contractors or support staff, or a tenant report — and 'it is not solely dependent on a tenant making a report'. ⚠️ 3.17 is the one that matters to a sensor product: sensor readings 'do not confirm the actual presence of damp or mould' and so do not by themselves start the clock. 3.19: landlords must not assume a report is tenant-caused or dismiss it without investigating. 3.5–3.15 classify rising, penetrating, condensation and traumatic damp; 3.21–3.28 give a non-prescriptive assessment framework. ⚠️ **3.24 carries the only quantitative thresholds in the guidance, and this note omitted them until 25 September 2026:** persistent visible penetrating damp covering an area greater than approximately '10% of the overall wallspace in one apartment', '10% of the ceiling in one apartment in the house; or 20% of overall wallspace or ceiling in one or more other spaces'. They are borrowed from the tolerable-standard guidance, and 3.24 says in the same breath that there is 'no set definition of a large surface area' while 3.23 says no individual factor is determinative — so they are a sighting shot, not a test to compute against. Footnote 2 glosses the first: 'In a room with four walls of equal size, 10% of the wallspace equals two fifths of the area of one wall.' ⚠️ Maple records `ReportBrief.mould_area_m2`, an absolute area, where this is a **proportion of wall or ceiling**; the two cannot be compared without knowing the room. Re-verified 25 September 2026.

4.1 defines a competent person as one 'the landlord deems to have the necessary skills and expertise to determine whether the home is substantially free from damp and mould' — no mandated qualification — and puts the investigation within 10 working days of awareness. 4.3: investigations 'should be conducted in person unless an alternative method is justified', with a remote one at the tenant's request or where enough information exists, reasons documented (4.4). ⚠️ 4.6 defines the event three other deadlines are measured from: an investigation is 'only classed as complete when an assessment is made as to whether the home is substantially free from damp and mould, and where substantial damp or mould is identified, whether any repair work is required'. Verified 14 September 2026.

5.1: the summary goes to the tenant or their representative 'within 3 working days after the day the investigation concludes'. ⚠️ 5.3: the three days run to the summary being **issued**, not received — which is what `written_summary_issued_at` records. 5.4: a letting agent or contractor may draft or issue it, and the landlord keeps responsibility for it. 5.5 lists the required contents — who investigated, the process and findings with explicit confirmation of whether the house is substantially free from damp and mould, any repair work done on the visit, and either the work required with a target date for starting it or the reasons none is needed. 5.7 defines repair work to include temporary safety measures, relevant safety work, specialist intervention, and advice and monitoring. Worked examples at Annexes C and D. Verified 14 September 2026.

6.1: work commences within 5 working days after the investigation concludes, and commencing includes 'immediate mould treatment or other temporary remedial work'. 6.3: a social landlord completes 'within 20 working days from the date the repair work is commenced' — the anchor is commencement, not the investigation. ⚠️ 6.4 is the private-sector counterpart and uses a **different anchor again**: 'within a reasonable time after the date of the investigation'. 6.5: the repair must tackle the root cause, and 'a mould wash without any other intervention is unlikely to be considered a suitable repair'. 6.7: the continuing duty attaches to the issue investigated, so damp in a new location needs a fresh investigation. 6.9: nothing further is required where no substantial damp or mould is found or the repair is not the landlord's responsibility. ⚠️ **This is the page the Scottish Government itself corrected**: the publication's only changelog entry, dated 9 September 2026, reads 'A minor change has been made to Page 6 to correct an inaccurate figure.' Read on 14 September, so after that correction — but treat this page as the volatile one. Verified 14 September 2026.

Social: the Right to Repair compensation scheme — 7.3 an 'initial sum of £15, and then another £3 compensation for each working day until the repair has been completed', 7.4 capped at £100 per repair, and 7.5 confirming the scheme's usual £350 cap 'does not apply to the duties to repair damp and mould'. Private: 7.6 the tenant applies to the First-tier Tribunal for Scotland (Housing and Property Chamber), which weighs whether the Awaab's Law timescales were met; 7.7 it may make a Repairing Standard Enforcement Order, breach of which is a criminal offence, and a Rent Relief Order restricting rent until the RSEO is complied with. ⚠️ Neither Scottish Housing Regulator intervention nor mandatory decanting appears in this section. Verified 14 September 2026.

⚠️ These sites fall **outside** the 2026 Regulations. Site providers are 'not subject to the statutory duties set out in the 2026 Regulations'; the equivalent expectations sit in Annex C of the Minimum Site Standards Guidance, and enforcement runs through that document's own monitoring mechanisms. The timescales named are the same 10 / 3 / 5 — investigate within 10 working days, summary within 3, commence repair 'within 5 working days after the day in which the investigation is concluded' — and a provider unable to meet them should notify with a revised timescale. Note the annex names no twenty-day completion period. Read as non-statutory expectation, not duty. Verified 14 September 2026.

'The 2026 Regulations apply to temporary accommodation that falls under the Right to Repair Scheme or the Repairing Standard.' Temporary accommodation outside those two frameworks carries no statutory duty under these Regulations, and applying the timescales anyway is encouraged as best practice. Verified 14 September 2026.

The tenant-facing sheet: how to recognise each type of damp, the landlord's timescales, 'You cannot be evicted for reporting repair issues', and how to reduce condensation. ⚠️ It omits the twenty-day completion duty, which is at [40]. Verified 30 October 2026.

Government guidance for England, written for rented housing providers, with tenant resources at Annex E. Types of damp, ventilation, heating and cleaning advice, and 'Approaches that attach blame to occupants' behaviour are unjust and counterproductive.' Updated 1 April 2026. The former NHS 'Can damp and mould affect my health?' page now redirects here. Verified 30 October 2026.

The whole guidance, cited where [18]–[25] do not reach. 'It is unacceptable for social landlords to assume that the cause of a hazard, such as damp and mould, is due to the tenant’s ‘lifestyle’.' Also covers access and suitable alternative accommodation. Updated 16 July 2026. Verified 30 October 2026.

'try to heat rooms you spend a lot of time in, such as the living room or bedroom, to at least 18°C'. Also advises keeping bedroom windows closed at night. Updated 28 April 2026. Verified 30 October 2026.

1.4.1 how to reduce damp and condensation; 1.4.4 when tenants should contact their landlord; 1.4.5 contacting the local authority if no action is taken; 1.4.6 and 1.4.10 unflued paraffin heaters and heating with gas cookers. Published 8 January 2020. Verified 30 October 2026.

Who is most sensitive, allergic reactions and asthma attacks. Sensitive groups 'should stay away from damp and mould as much as possible'. Last updated 31 July 2026. Verified 30 October 2026.

For residents: reporting, the difference between a service request and a complaint, Complaint Handling Code timescales, and bringing a complaint within 12 months of the stage 2 response. Councils cannot use enforcement powers against themselves. Verified 30 October 2026.

What to include in a report, seeking advice from a GP, and not removing carpets or wallpaper yourself because 'Pulling up carpets or wallpaper can release mould spores.' Verified 30 October 2026.

For private, housing association and council tenants in England. The court can order repairs and compensation. Exception for problems caused by a tenant who has 'behaved irresponsibly or illegally'. Published 6 March 2019. Verified 30 October 2026.

What the landlord is always responsible for, 'You should carry on paying rent while you're waiting', and the council's duty to act where problems could harm a tenant. Verified 30 October 2026.

'From 1 May 2026 you can no longer be evicted using the ‘no fault’ section 21 process', the grounds that remain, and the exception for court processes already started. Last updated 1 May 2026. Verified 30 October 2026.

Open 9 October to 18 December 2026. Regulations are still needed before Awaab's Law applies to private tenancies, and no start date is set. Phase 2 for social housing is due on 30 November 2026 subject to Parliament's approval. ⚠️ Re-check once the consultation closes. Verified 30 October 2026.

Damp, mites and mould or fungal growth is the first of the 29 matters and circumstances. Concerns should be raised with the landlord first. Verified 30 October 2026.

A court decides a dispute about fitness, and withholding rent 'could potentially create a ground for possession'. Verified 30 October 2026.

Advice for home owners and tenants: 'Can you make small changes to your daily routines to create a healthier home?' Open windows regularly and always after producing moisture. ⚠️ It recommends a bleach solution and 19°C; the tenant guide follows the national guidance [46] and UKHSA [47] on those two points. Verified 30 October 2026.

Local authority advice for tenants: 'Open windows in the morning for 15 minutes on opposite sides of your home to release moisture.' Also de-cluttering, the 5cm furniture gap, and not drying clothes on radiators. Verified 30 October 2026.

Local authority advice for its own tenants: opening a window to the front and rear 'for at least 15 minutes every day', and 'Don't overfill your wardrobes and cupboards.' Verified 30 October 2026.