Scottish landlord rules on damp and mould, tenancy succession and wrongful termination come into force today, 6 October. Propertymark is urging letting agents to review their processes and use the guidance it has published for members.
The changes add duties on damp and mould, cut the qualifying period for tenancy succession after a tenant's death, and raise the potential awards for wrongful termination of a Private Residential Tenancy.
Damp and mould duties
The new duties apply to private landlords in Scotland who become aware of damp or mould in a property covered by the Repairing Standard. Landlords must make sure a competent person investigates a report within 10 working days, then give the tenant a written summary within three working days of the investigation ending. Where the investigation finds substantial damp or mould, remedial work must start within five working days and finish as soon as reasonably practicable.
Propertymark says letting agents managing properties for landlords will need records, tenant communication and access to competent contractors in place so reports are dealt with promptly.
"The new duties on damp and mould represent an important change for letting agents and landlords in Scotland," said Hazel MacIver, policy and campaigns officer at Propertymark. "The timescales are clear, and agents will need to have robust processes in place from the point they become aware of a potential issue."
"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."
"Propertymark has produced guidance and practical resources to support members with implementation, and we encourage agents to make use of these as the new duties come into force."
The guidance includes a fact sheet on the Investigation and Commencement of Repair (Scotland) Regulations 2026 and a template for the written summary of a damp and mould investigation.
Tenancy succession
The Scottish landlord rules also cut the time a person must have lived in a property before inheriting a Private Residential Tenancy after the tenant's death. The qualifying period falls from 12 months to six for relevant tenancies where the tenant dies on or after 6 October 2026.
"The succession right changes are aimed at supporting grieving families and people with long-term carers," she noted. "Although tenancy successions are relatively rare, letting agents and landlords must understand the increased flexibility being introduced by the Scottish Government should such a situation arise in a tenancy they manage."
Wrongful termination
The third change in the Scottish landlord rules lifts awards for wrongful termination of a Private Residential Tenancy. For tenants who leave a property on or after 6 October 2026, the potential award rises from up to six months' rent to between three and 36 times the relevant sum, subject to the statutory calculation.
"Tenants can apply to the First-tier Tribunal for a 'Wrongful Termination Order' if they believe their landlord misled them into leaving a Private Residential Tenancy agreement by relying on an eviction ground that did not apply," she added.
"As the potential awards increase significantly, landlords and agents must ensure possession procedures are followed carefully, with eviction grounds genuine and properly evidenced."
"For landlords and agents, robust processes and compliance will be essential. Propertymark continues to engage with the Scottish Government to support clear and workable implementation of these reforms."
