Scotland tightens landlord compliance rules on damp, succession and wrongful termination from 6 October
Scottish letting agents and landlords face binding new obligations from today, 6 October 2026, as three reforms under the Housing (Scotland) Act 2025 come into force at the same time.
The changes cover:
- damp and mould investigations
- tenancy succession rights
- wrongful termination compensation
Propertymark has flagged all three as requiring immediate changes to processes, contractor lists and record-keeping.
Agents managing properties on behalf of landlords carry particular compliance weight. The landlord's legal exposure does not diminish because a third party manages the asset.
What the damp and mould rules require
The Investigation and Commencement of Repair (Scotland) Regulations 2026 — Scotland's implementation of Awaab's Law — set enforceable response timelines for the first time.
When a landlord or agent becomes aware of damp or mould, a qualified person must investigate within 10 working days. A written summary must follow within three working days of that investigation closing. If substantial damp or mould is found, repair work must start within five working days.
Awareness is the trigger, not a formal complaint. Agents without vetted contractor arrangements in place face an immediate operational gap. The compliance costs that have mounted as landlords adapt to new rules across the UK suggest retrofitting those arrangements at short notice will not be cheap.
"Good record-keeping, clear communication with tenants and access to competent contractors will all be important in ensuring investigations and any necessary remedial work can happen within the required timescales," said Hazel MacIver, policy and campaigns officer at Propertymark.
Succession rights halved
The qualifying period to inherit a private residential tenancy following a tenant's death has been cut from 12 months to six, for tenancies where the tenant dies on or after 6 October 2026. Agents should review how they handle succession requests, with the pool of eligible successors widening overnight.
What do Scottish landlord compliance changes mean for buy-to-let advisers?
The sharpest financial risk lies in the wrongful termination provisions. Tenants who believe their landlord misled them into leaving a private residential tenancy can apply to the First-tier Tribunal for a Wrongful Termination Order. The previous cap of up to six months' rent has been replaced by a range of between three and 36 times the relevant sum.
Landlords across the UK are already under pressure as rental legislation compounds. For those operating in Scotland, today adds three further obligations to a regulatory stack that is now among the most demanding in the UK.
"Landlords and agents must ensure possession procedures are followed carefully, with eviction grounds genuine and properly evidenced," MacIver said.
What should agents and advisers do now
Agents should audit contractor access, update damp and mould reporting processes, and review evidence for any pending possession proceedings. Propertymark subscribers can access a fact sheet and written summary template to support implementation.
The changes sit within a broader reform program under the Housing (Scotland) Act 2025, which received Royal Assent in November 2025. Further changes to rent adjudication and eviction grounds follow in 2027.
