Scotland · Wales · England

Three nations. Three completely different sets of rules.

Housing is devolved, so damp and mould law diverged years ago. Most of what a landlord reads online is written for England and quietly assumes it applies everywhere. It doesn't — and a landlord working to the wrong regime is worse off than one working to none, because they're confident about the wrong thing.

Last reviewed 26 August 2026

The short version

Which rules bind you, and what they actually do.

ScotlandWalesEngland (private)
Awaab's Law applies? No — own regime No No — social housing only
Statutory timescales? Yes — 10 / 3 / 5 working days None None
In force from 6 October 2026 Already in force Already in force
Governing law Housing (Scotland) Act 2006 s.13 and s.14, as amended by the 2026 Regulations Renting Homes (Wales) Act 2016, s.91 and s.92 Landlord and Tenant Act 1985, s.11 and s.9A
The standard Substantially free from damp and mould Fit for human habitation, judged against 29 matters Fit for human habitation, judged against s.10 matters and 29 HHSRS hazards
Investigation by a competent person required? Yes, expressly Not expressly — but expected in practice Not expressly — but expected in practice
The main consequence Enforcement via the First-tier Tribunal No rent payable while unfit Disrepair claims — damages and specific performance
Council enforcement YesYes Yes — HHSRS, improvement notices
Occupier called TenantContract-holderTenant
Likely to change Ministers' guidance pending No equivalent announced Awaab's Law extension expected, no date

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The mistake this page exists to prevent

Reading "no statutory timescales" as good news. Wales and England replaced the clock with something worse, not with nothing.

A Scottish landlord who misses a deadline has a breach they can explain. A Welsh landlord whose property is unfit was never owed the rent in the first place. An English landlord has no deadline at all and a claims industry that works on no win, no fee.

In detail

What each regime actually requires.

Scotland

Fixed timescales, from 6 October 2026

The Investigation and Commencement of Repair (Scotland) Regulations 2026 amend the repairing standard so a house must be substantially free from damp and mould, and impose three deadlines:

  • 10 working days to investigate, by a competent person, from the day after you were notified or otherwise became aware
  • 3 working days to give the tenant a written summary of the investigation
  • 5 working days to commence relevant safety work

The second and third clocks both run from completion of the investigation, in parallel — not one after the other. Applies to private residential tenancies, Scottish secure and short Scottish secure tenancies alike. No small-landlord exemption.

The trap: the clock starts when you become aware, which includes a passing mention on a phone call or a contractor's note — not when a formal complaint arrives.

The Scotland pack →
Wales

No clock, but the rent stops being owed

Duties run through the occupation contract itself. Section 91 of the Renting Homes (Wales) Act 2016 requires the dwelling to be fit for human habitation at the start and throughout; section 92 separately requires structure, exterior and installations to be kept in repair.

  • Fitness is judged against 29 matters in the 2022 Regulations — including ones only likely to occur
  • Where the dwelling is unfit, rent is not payable for any day it stays that way
  • Three requirements cause automatic unfitness regardless of condition: mains-connected interlinked smoke alarms on every storey, CO alarms in every room with a fuel-burning appliance, and a valid electrical condition report that has actually been given to the contract-holder

That third one has already been litigated. Landlords held valid reports but did not hand them over in time; the properties were treated as unfit and rent was not payable until they were provided. Nothing was broken and nothing was dangerous.

The Wales pack →
England — private landlords

No timescales, no exit, and a claims industry

Awaab's Law binds registered providers of social housing — phase one since 27 October 2025, phase two from 30 November 2026. It does not bind private landlords. The power to extend it exists in the Renters' Rights Act 2025, but the regulations have not been made and no commencement date is confirmed.

  • Section 11 covers repair — something has to be broken
  • Section 9A covers fitness — nothing needs to be broken
  • Condensation damp usually escapes the first and is squarely caught by the second
  • Section 21 was abolished on 1 May 2026, so the no-fault route out of a repairs argument is gone

That last point is the real change. Tenants can now raise conditions, involve the council and instruct a solicitor with no possibility of a no-reason notice landing in reply. "There's nothing to repair" answers a section 11 claim and answers nothing at all under section 9A.

The England pack →

What doesn't change

The building physics is identical in all three.

Only the law is devolved. A wall in Swansea behaves exactly like a wall in Stirling, and the diagnosis that decides your legal position is the same job everywhere:

CauseWhat it looks likeWhere to look
Condensation Black spotting, not a tide mark. Cold surfaces, window reveals, corners, behind furniture on external walls Extract fan flow rate, duct route, overrun, trickle vents, insulation, glazing, heating cost
Penetrating damp Localised, worse after driving rain Gutters, downpipes, hoppers, render cracks, pointing, flashings, chimney head
Rising damp Tide mark typically up to about a metre, hygroscopic salt banding DPC present? Bridged by paving, render or planting? External ground level against the DPC
Plumbing or drainage Constant regardless of weather, localised to a service run The first thing to exclude, everywhere

The most expensive mistake in any of the three nations

A free damp survey from a company that sells the treatment is a sales visit, not an investigation.

A diagnosis of "rising damp, inject and replaster", where the real cause was a bridged DPC or a failed downpipe, leaves you paying twice — once for the wrong work, and again when the mould returns. Look for PCA or RICS qualification in damp and timber, a written methodology, and independence from the outcome.

The packs

Same rigour, three different regimes.

Each pack is built from that nation's own legislation — not one pack with the place names swapped. Guide, forms, and fillable versions you can complete on a phone on site.

Scotland

Damp & Mould Compliance Pack

10 / 3 / 5

13-page guide, nine forms, working-days calculator, 512 fillable fields. Built around the statutory clocks in force from 6 October 2026.

From £39 →
Wales

Damp, Mould & Fitness Pack

29 matters

11-page guide, eight forms including a full inspection against every statutory fitness matter, plus the automatic-unfitness check. 602 fillable fields.

From £39 →
England

Damp, Mould & Disrepair Pack

s.9A

13-page guide, eight forms including a full disrepair claim defence file with access log and document schedule. 698 fillable fields.

From £39 →

Common questions

The things landlords get wrong.

Does Awaab's Law apply to me as a private landlord?

Not at the time of writing, anywhere in Great Britain. It binds registered providers of social housing in England. The Renters' Rights Act 2025 contains the power to extend it to the private rented sector, but the regulations have not been made and no commencement date has been confirmed. Scotland has its own separate regime; Wales has none.

I own property in more than one nation. Which pack do I need?

One per nation. The regimes are genuinely different rather than variations on a theme — different governing statutes, different standards, different consequences, and even different words for the occupier. Using the Scottish pack in Wales would have you working to deadlines that don't exist while missing the automatic unfitness requirements that do.

Which nation is strictest?

It depends what you mean. Scotland has the tightest timescales. Wales has the most direct financial consequence, because rent stops being owed while a dwelling is unfit. England has neither, but the largest disrepair claims industry and, since section 21 was abolished, no way to end the argument by ending the tenancy.

Is condensation the tenant's fault?

Sometimes partly, and in all three nations it can form part of a defence. But it is a difficult factual dispute and the burden is on you to evidence it. Fans that don't achieve their flow rate, ducting into lofts, missing overruns, trickle vents painted shut, cold bridging and unaffordable heating all present as "lifestyle" and are all landlord-side. Test every one of them before the word appears in anything you write.

Is this legal advice?

No. This is general information written by a damp and timber practitioner rather than a solicitor. Devolved housing law changes frequently — check the current position at legislation.gov.uk and take your own advice on your circumstances.