Why is legislation changing in Scotland?
The push for reform began after the tragic death of two-year-old Awaab Ishak in 2020 due to prolonged exposure to mould in a social housing flat in England.
While Awaab’s Law was introduced for social housing in England, the Scottish Government committed to a PRSP (Private Rented Sector Plan) that includes similar safety measures for both social and private landlords – particularly around damp, mould, and response times for repairs.
Now, as part of the Housing (Scotland) Act 2026, landlords across the country – including those in Inverness – must comply with new legally enforceable standards by March 2026.
Quick clarification: this is not the Renters’ Rights Act
Let’s clear up the confusion:
| Topic | England (Renters’ Rights Act 2026) | Scotland (Housing (Scotland) Act 2026) |
| Tenancy format | Scraps fixed-term tenancies | PRT (Private Residential Tenancy) already in place |
| Section 21 | Being abolished | Does not exist in Scotland |
| Awaab’s Law | For social housing only | Extended to all tenures under new Scottish law |
| Property portal | Launching in England only | Not required in Scotland (yet) |
| Repair deadlines | Not standardised | Will now be set and enforceable |
So, while the Scottish PRS is not bound by English legislation, the expectations on property quality and speed of repairs are tightening fast.
What changes are coming in March 2026?
The Scottish Government has confirmed that the following housing standards will apply from 1 March 2026 to all rented homes, including those in the private sector:
1. Mandatory repair timelines
Landlords will be legally required to:
- Respond to urgent repair requests (e.g. leaks, no heating) within 24 hours
- Complete repairs deemed “essential to safety” within 7 days
- Address non-urgent issues (e.g. minor damp) within 28 days
Tenants will have the right to escalate unresolved issues to the Housing and Property Chamber more easily, and local authorities will gain stronger enforcement powers.
2. Damp and mould risk assessments
You must now:
- Carry out a damp and mould assessment for every tenancy
- Record findings and retain them as part of your compliance file
- Address any health or structural risks promptly, even if tenants haven’t complained
This will apply whether the property is a ground-floor flat in Merkinch or a rural cottage in Culloden – damp and ventilation must be taken seriously.
3. Tenant communication and signposting
All landlords will need to:
- Provide tenants with clear contact details for repairs and complaints
- Issue a summary of their rights under the new Act
- Keep a log of all communication around maintenance and inspections
4. Formal inspections and documentation
From March, it becomes mandatory to:
- Inspect properties at least once every 12 months
- Record all findings in a repair log
- Share inspection outcomes with tenants
This applies to both self-managed landlords and agents – no exceptions.
Why this matters in Inverness
Inverness has a mix of property types – from Victorian tenements to rural farmhouses – many of which come with age-related quirks. These may include:
- Poor ventilation in bathrooms
- Roof damp from Highland weather
- Outdated heating systems
- Single-glazed windows or older cavity walls
Under the new rules, “quirky” won’t be a valid excuse for poor living conditions. Even cosmetic damp patches could now count as non-compliance.
Concerned about your property’s condition? Speak to our Inverness property management team
Five things Inverness landlords must do before March 2026
1. Conduct a damp and mould assessment
Book a professional inspection or complete one using a recognised checklist. Look for:
- Black mould spots
- Peeling paint or wallpaper
- Cold walls or persistent condensation
- Reports of respiratory issues from tenants
Document everything and include photos.
2. Review your repairs process
Ask yourself:
- Do I have a 24/7 contact for tenants to report emergencies?
- Can I respond to urgent repairs within 24 hours?
- Are my contractors local, reliable, and aware of the March standards?
If you answered “no” to any of these, now is the time to act.
3. Upgrade your record keeping
Landlords must now keep a digital trail that includes:
- Inspection reports
- Contractor invoices
- Repair logs and dates
- Tenant communication
This will help defend against complaints – and proves you’re meeting your obligations.
4. Review your rental agreements
While the Private Residential Tenancy (PRT) format hasn’t changed, ensure your tenancy pack includes:
- Updated repair timescales
- Emergency contact numbers
- Information on damp, mould and tenant rights
Our team can provide a legally compliant tenancy pack with all updated documents.
5. Delegate if needed
If you’re managing your properties remotely, juggling work and family, or simply don’t want the admin – now’s the time to get professional support.
Belvoir Inverness provides fully managed services, including:
- Property inspections
- Repairs and contractor management
- Damp and mould assessments
- Legal paperwork and compliance
- Emergency contact cover 24/7
What happens if you don’t comply?
From March 2026, failing to meet housing standards could lead to:
- Improvement notices from the local council
- Rent repayment orders
- Tenants seeking compensation
- Negative listings on landlord registers
- Tribunal action via the Housing and Property Chamber
In some cases, non-compliance could also block landlords from reletting properties until repairs are made.
FAQs: Scottish rental law updates for 2026
Does Awaab’s Law apply in Scotland?
Not directly – but equivalent provisions are being brought in under the Housing (Scotland) Act 2026, with similar standards and timelines.
Is this just for social housing?
No. These new rules apply to all rented properties, including private lets and HMOs.
I’ve never had a mould complaint – do I need to act?
Yes. Under the new law, landlords must assess risk, even if tenants haven’t reported it. Proactivity is now part of legal compliance.
Will I need to register again?
No new registration scheme has been announced, but all landlords must remain registered with Landlord Registration Scotland and declare compliance as part of renewals.
Final thoughts: be ready before the Highland spring sets in
With just 60 days to go, Inverness landlords can’t afford to wait.
The March 2026 housing standards aren’t just more red tape – they’re about providing safer, warmer, healthier homes. And when done right, they also protect your investment, reputation and long-term rental income.
Belvoir Inverness, we’ve helped hundreds of local landlords navigate Scottish housing law – and we’re ready to help you do the same.
Whether it’s a damp assessment, a repair action plan, or full property management, we’re on your side.
Book your free compliance review today
Because property is personal. And getting it right matters.
