Plans to extend Awaab’s law to Scotland’s PRS

As Awaab’s Law is set to be introduced in the social housing sector in Scotland, there are plans to extend it to the private rented sector, though one organisation has warned against regulations that could “impede landlords.”

The Scottish government has announced amendments in the Scottish Housing Bill will require social housing landlords to address damp and mould issues in a property within a fixed timeframe.

This follows similar legislation in England, where social housing landlords are now legally required to fix damp and mould issues, and the law is set to extend to private landlords in England through the Renters’ Rights Bill.

Strengthen tenant’s rights

Awaab’s Law was named after Awaab Ishak, a two-year-old boy who died in 2020 from a respiratory condition caused by mould at his home in Rochdale, Greater Manchester.

The Scottish government claim that introducing regulations for social landlords will strengthen tenant’s rights.

Social Justice Secretary for the Scottish government Shirley-Anne Somerville said: “Introducing timescales and expectations for repairs aims to make sure this never happens to a child or their family ever again.

“Everyone in Scotland deserves the right to live in a warm, safe and secure home, free from disrepair. We already have a strong set of rights and standards that have been improving in Scotland.

“However, these measures will go even further and give power and confidence to tenants that any issues identified and repairs started in a timely manner, so any issues do not have a detrimental impact on their health.”

Regulations do not impede landlords

The Scottish government say they will consider how to implement Awaab’s Law for private tenants, using existing powers, after engagement with the private rented sector.

The Scottish Association of Landlords (SAL) says while it’s important to ensure tenant safety, it also warns that regulations shouldn’t harm landlords.

SAL chief executive, John Blackwood, said: “The case of Awaab Ishak was tragic and it is right that those responsible are held to proper account.

“SAL members take our commitment to the safety and comfort of the homes we provide very seriously and we are dedicated to upholding the highest possible standards.

“As with all regulations, it is important that this measure is put into place in a way that protects tenants and also does not impede landlords; we will work with government and other stakeholders to make that happen.”

Alongside plans to implement Awaab’s Law, the Scottish Housing Bill will bring in rent controls and give tenants the right to keep pets.

However, warnings from MSPs and landlord organisations suggest that the Scottish Housing Bill could destabilise the market and drive landlords out of the sector.