Scottish landlords urged to prepare for Awaab’s Law

Propertymark has urged landlords and letting agents in Scotland to prepare for Awaab’s Law, which comes into force in just a week.

From October 6, landlords will be required to address damp and mould within strict timeframes.

Under the Renters’ Rights Act, Awaab’s Law will also be extended to the private rented sector in England. The law was named after Awaab Ishak, a two-year-old boy who tragically died in 2020 in social housing.

Robust reporting in place

Propertymark has urged landlords and letting agents in Scotland to put robust reporting and record-keeping procedures in place ahead of Awaab’s Law coming into force

Hazel MacIver, policy officer at Propertymark, told Property118: “Landlords and letting agents in Scotland should be using the time before Awaab’s Law comes into force on 6 October to review their processes and ensure they can respond quickly when damp and mould is reported, as meeting the deadlines will be of vital importance.

“Agents should have clear reporting and recording procedures, with systems to track the statutory deadlines: reports must be investigated within 10 working days by a “competent person”, tenants provided with a written summary within three working days of the investigation concluding, and remedial work started within five working days where substantial damp or mould is identified.

“Landlords and agents should also check they have access to competent investigators and reliable contractors who can meet these timescales, while ensuring staff understand that the duties can be triggered by a report of damp or mould, rather than requiring a formal complaint.”

Clear communication with tenants

Ms MacIver added: “Good record-keeping and clear communication with tenants will be essential, providing them with a written summary when an investigation has taken place. Propertymark has also produced an editable written summary template to help agents and landlords meet this requirement.

“It is particularly important to explain where circumstances outside the landlord’s control prevent a deadline being met and provide a new revised deadline for the work to be done.

“Most importantly, damp and mould should be properly investigated to identify the underlying cause, and until landlords are able to comply with the duty, they must take reasonable steps where practicable to minimise the extent to which the house is affected by damp or mould.”

Propertymark say they are holding a free webinar for letting agents and landlords at 2pm on Thursday 1 October hosted by industry experts to help landlords understand Awaab’s Law.

Never happens again

John Blackwood, chief executive of the Scottish Association of Landlords, welcomes Awaab’s law coming into effect.

He told Property118: “What happened to Awaab Ishak was tragic and it is right that we in the private rented sector ensure it never happens again.

“SAL fully supported Awaab’s Law throughout the process and we are happy to welcome it coming into effect.

“Scottish Ministers must now use this positive example as inspiration to work closely with the sector to address the challenges we face so that the private renting sector  in Scotland works for all.”

Awaab’s law will cause landlords to leave the market

As previously reported by Property118, an advisory board to the Scottish government has warned Awaab’s Law will deter investment and cause landlords to leave the market.

In a letter to the government, the Regulatory Review Group (RRG) raised concerns about the implementation of Awaab’s Law in Scotland.

Chair of the group, Professor Russel Griggs, warned then-housing secretary Màiri  McAllan a combination of legislation, including Awaab’s law, will increase the regulatory burden on landlords.

He said: “The cumulative impact of regulations on businesses will be significant and could deter many from joining the sector, and indeed cause landlords to leave the market.

Mr Griggs added small landlords will be particularly affected by Awaab’s Law and accused the Scottish government of not listening to small landlords in the consultation process.

He added: “Microbusinesses form up to 85% of private landlords, and it is concerning that this group may not have been adequately represented in engagement with the Scottish government on proposed regulations at this stage.

“Whilst acknowledging, from the Business and Regulatory Impact Assessment (BRIA), the levels of engagement which have been carried out to date, more needs to be done to engage with the significant cohort of microbusiness owning landlords, to investigate the impact of the regulations on them and their ability to remain in the sector as a result.”