7 October 2026
As of 6 October 2026, significant changes to Scottish housing law have come into force, affecting both tenants and landlords. These reforms aim to enhance tenant protections and clarify landlord responsibilities. Here's a breakdown of the key updates:
Addressing Damp and Mould: Awaab's Law
Named in memory of two-year-old Awaab Ishak, who tragically died due to prolonged exposure to mould, Awaab's Law introduces strict timelines for landlords to tackle damp and mould issues:
These measures ensure that damp and mould problems are addressed promptly, safeguarding tenants' health and well-being. For more details, refer to the Scottish Housing News article on Awaab's Law. https://www.scottishhousingnews.com/articles/housing-secretary-welcomes-awaabs-law-coming-into-force-today
Increased Penalties for Wrongful Termination
Tenants now have stronger recourse if they believe their tenancy was wrongfully terminated. The First-tier Tribunal can award compensation ranging from three to 36 times the monthly rent, a substantial increase from the previous cap of six months' rent. This change underscores the importance of landlords adhering to proper eviction procedures. More information is available on Property118. https://www.property118.com/scottish-landlords-warned-over-new-rules-and-fines-of-up-to-36-months-rent/
Revised Succession Rights
The qualifying period for inheriting a private residential tenancy has been reduced from 12 months to six. This change benefits family members and carers, allowing them to succeed a tenancy after a tenant's death, provided they have lived in the property for at least six months. This adjustment offers greater flexibility and support during challenging times. Details can be found in the Scottish Housing News article. https://www.scottishhousingnews.com/articles/housing-secretary-welcomes-awaabs-law-coming-into-force-today
Implications for Tenants and Landlords
For tenants, these reforms provide enhanced protections and clearer rights, ensuring healthier living conditions and fair treatment. Landlords must familiarize themselves with these new obligations to remain compliant and avoid significant penalties. Staying informed and proactive is essential in navigating these changes.
At Thompson Family Law, we understand that legal updates can be complex. If you have questions or need guidance on how these changes affect you, whether as a tenant or landlord, our team is here to help. Feel free to reach out for personalized advice tailored to your situation.
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