The Investigation and Commencement of Repair (Scotland) Regulations 2026

Modification of the repairing standard

3.—(1) The 2006 Act is modified as follows.

(2) In section 13 (the repairing standard)—

(a) in subsection (1), after paragraph (h) insert—

“(ha ) the house is substantially free from damp and mould,”,

(b) in subsection (7), in the opening words—

(i) after “any” insert “related”, and

(ii) after “Ministers” insert “, including any such guidance”.

(3) In section 14 (landlord’s duty to repair and maintain), after subsection (4) insert—

“(5) If the landlord is notified by the tenant, or otherwise becomes aware, that the house is or may be affected by damp or mould, the landlord must ensure that an investigation is carried out by a competent person to determine—

(a) whether or not the house is substantially free from damp and mould, and

(b) if not, whether any relevant safety work is required in relation to the house.

(6) The investigation must be completed within the period of 10 working days beginning with the day after the day on which the landlord is notified, or otherwise becomes aware, that the house is or may be affected by damp or mould (but see subsection (9)).

(7) The landlord must give the tenant a written summary of the results of the investigation within the period of 3 working days beginning with the day after the day on which the investigation is completed.

(8) If an investigation determines that relevant safety work is required in relation to the house, the landlord must ensure that the work is commenced within the period of 5 working days beginning with the day after the day on which the investigation is completed (but see subsection (9)).

(9) If, due to circumstances beyond the control of the landlord, the landlord is unable to comply with the duty imposed by subsection (6) or (8) within the period specified in the subsection in question (“the specified period”), the landlord must—

(a) give notice to the tenant specifying—

(i) that the landlord is unable to comply with the duty in question within the specified period, and the reason why, and

(ii) the period within which the landlord considers that the landlord will be able to comply with the duty,

(b) ensure that, until the landlord is able to comply with the duty, reasonable steps are taken where practicable to minimise the extent to which the house is affected by damp or mould.

(10) A landlord must have regard to any guidance issued by the Scottish Ministers about the exercise of the landlord’s functions under this section.

(11) In this section—

“competent person” means a person who, in the reasonable opinion of the landlord, has the skills and experience necessary to determine the matters mentioned in paragraphs (a) and (b) of subsection (5),

“relevant safety work” means, in relation to a house, work to ensure that the house—

(a)

is substantially free from damp and mould, and

(b)

so far as reasonably practicable, will continue to be substantially free from damp and mould,

“working day” means any day other than a Saturday, a Sunday or a day which, under the Banking and Financial Dealings Act 1971, is a bank holiday in Scotland.”.

(4) In section 24 (determination by the First-tier Tribunal), after subsection (1) insert—

“(1A) In deciding whether the landlord has complied with that duty in accordance with section 14(4), the First-tier Tribunal must have regard to whether the landlord has complied with the duties imposed by subsections (5), (6), (8) and (9) of that section.”.