Fact sheet: Damp, condensation and mould in residential property

The 2026 Regulations, which came into force on 23 June 2026, amend the prescribed method for assessing the seriousness of hazards in housing and the prescribed hazard descriptions to make them easier to understand and apply. Local authorities can take enforcement action where a Category 1 hazard exists and are given discretion to act where a Category 2 hazard exists.

Under the Investigation and Commencement of Repair (Scotland) Regulations 2026, landlords must investigate reports of damp or mould within set timescales and provide tenants with a Written Summary of the investigation findings.

New regulations introduce strict timescales for investigating and responding to damp and mould in rented homes across Scotland. Read this fact sheet to understand the new duties, the deadlines landlords must meet and what happens when action cannot be taken within the required timeframe.