New rules on damp and mould, tenancy succession and wrongful termination take effect this week in Scotland.
The changes will introduce new duties around damp and mould, reduce the qualifying period for tenancy succession following a tenant’s death, and significantly increase the potential financial consequences of wrongful termination of a Private Residential Tenancy.
New requirements will apply to private landlords in Scotland when they become aware of damp or mould in a property covered by the ‘Repairing Standard.’
From this week, landlords must ensure that a competent person investigates reports of damp and mould within 10 working days. A written summary of the investigation must then be provided to the tenant within three working days of the investigation ending.
Where substantial damp or mould is identified, remedial work must begin within five working days and be completed as soon as reasonably practicable.
Propertymark says letting agents managing properties on behalf of landlords will have an important role in ensuring reports are dealt with promptly, with appropriate records, communication and access to competent contractors in place.
Hazel MacIver, Policy and Campaigns Officer at Propertymark, says: “The new duties on damp and mould represent an important change for letting agents and landlords in Scotland. 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 reforms will also reduce the qualifying period for a person to have lived in a residential property before being eligible to inherit a private residential tenancy following the tenant’s death.
The qualifying period will reduce from 12 months to six months for relevant tenancies where the tenant dies on or after 6 October 2026.
MacIver adds: “The succession right changes are aimed at supporting grieving families and people with long-term carers. 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.”
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 by relying on an eviction ground that did not apply.
For tenants who leave a property on or after October 6 2026, the potential award will increase significantly, from the current range of up to six months’ rent to between three and 36 times the relevant sum, subject to the statutory calculation.
This article is taken from Landlord Today