PRIVATE rental sector landlords in Scotland are being warned that they must respond to complaints about damp or mould without delay after a new law came into force.
The legal obligation on how landlords must respond to issues has become more stringent with the introduction of legislation known as Awaab’s Law. Named after Awaab Ishak – a two-year-old boy who died in England after prolonged exposure to mould in his family’s housing association home – it is designed to stop tenants living in unhealthy conditions for prolonged periods.
Gregor MacEwan, a partner at Scottish legal firm Lindsays, advises landlords in the private rental sector. He said, “What happened to Awaab was a tragedy. No-one wants to see anything like that happen again. Responsible private rental sector landlords, like those we work with, want to ensure good living standards.
“The practical reality of the legal change for landlords is that they must act on complaints about damp or mould almost immediately – appointing a competent person to investigate a complaint of damp or mould within 10 working days of notification. If repairs are needed, these must be completed within five working days, except for circumstances beyond the landlord’s control.”
The new rules modify the repairing standard set out in the Housing (Scotland) Act 2006. The only reasons where a landlord cannot meet the timescales are when circumstances are beyond their control, for example contractor shortages, severe weather, bereavement, difficulty gaining access to property, or delays caused by external approvals.
“If a landlord needs to rely on this, they must tell their tenant, explain the reason, share when work is expected to be completed and take reasonable steps to minimise dampness or mould in the meantime,” Mr MacEwan added.
Dr Olivia Swann, Scottish Fuel Poverty Advisory Panel member and honorary consultant in paediatric infectious disease and senior clinical fellow, University of Edinburgh, revealed that hospitals see first hand the impact of damp homes on families when children are admitted with wheeze, chest infections or asthma.
She added, “The Scottish Fuel Poverty Advisory Panel welcomes the introduction of Awaab‘s Law which gives everyone renting a home in Scotland a clear right to have damp and mould investigated and repairs started within set timescales. This is good news for health as the condition of our homes shapes how well we breathe, how well we sleep and how we recover when we’re unwell.
“While providing repairs in a timely manner is a welcome first step, addressing damp and mould must go hand in hand with wider measures to beat fuel poverty, ensuring that homes are warm, dry, energy efficient and affordable to heat. The Scottish Fuel Poverty Advisory Panel will continue to scrutinise progress on tackling fuel poverty and calls for a coordinated approach across housing, health and energy policy, working constructively with partners to support healthier homes and reduce health inequalities.”
