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New Scottish Rental Laws Introduce Stricter Landlord Duties

Scotland has implemented new rental regulations as of 6 October 2026, introducing stricter requirements for landlords and letting agents regarding damp and mould, tenancy succession, and wrongful termination penalties.

  • Landlords must ensure damp and mould investigations are completed within 10 working days.
  • Remedial work for substantial damp or mould must begin within five working days.
  • The qualifying period for tenancy succession has been reduced from 12 months to six months.

New rental regulations have been implemented in Scotland as of 6 October 2026. These changes introduce stricter requirements for landlords and letting agents concerning damp and mould, tenancy succession, and penalties for wrongful termination.

Under the new rules, landlords are required to ensure that a competent person investigates reports of damp and mould within 10 working days. A written summary of this investigation must then be provided to tenants within three working days of its completion. If substantial damp or mould is identified, remedial work must commence within five working days and be completed as soon as reasonably practicable.

The reforms also reduce the qualifying period for a person to inherit a private residential tenancy after a tenant's death, from 12 months to six months. This applies to relevant tenancies where the tenant dies on or after 6 October 2026.

Additionally, tenants can now apply to the First-tier Tribunal for a Wrongful Termination Order if they believe their landlord misled them into leaving a Private Residential Tenancy. For tenants who leave a property on or after 6 October 2026, the potential award for wrongful termination will increase, ranging from three to 36 times the relevant sum, subject to statutory calculation.

Eddie Hooker, Chief Executive of mydeposits Scotland, stated that this is an important change that should help raise standards, remove ambiguity, and ensure tenants are better protected and homes are kept safe. Hazel MacIver, Policy and Campaigns Officer at Propertymark, noted that robust processes and compliance will be essential for landlords and agents.

Why this matters: The new regulations aim to enhance tenant protection, particularly regarding housing conditions and security of tenure, while increasing compliance requirements for landlords and letting agents in Scotland.

What this means for you: If you are a tenant in Scotland, you may benefit from clearer expectations for landlords regarding damp and mould issues and increased protection against wrongful termination. If you are a landlord or letting agent in Scotland, you will need to ensure compliance with new timescales for addressing damp and mould and updated rules on tenancy succession and wrongful termination penalties.

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