Following recently research that showed some 10% of Scottish homes having problems with damp, condensation and mould, senior Glasgow lawyer Mike Dailly is urging his Government to apply Awaab’s Law to Scotland’s Private Rented Sector (PRS).

Awaab’s Law was named in memory of toddler Awaab Ishak, who died as a result of mould and damp in his parent’s council flat in Rochdale.

A new Law in England already requires social landlords in England to investigate and make repairs if there is condensation, damp or mould present in a rented home within a strict timeframe. Labour has since pledged to extend this to the PRS.

Scotland has a different set-up, with the law requiring rental homes in either the social sector or the PRS be mould and damp-free in order to be deemed fit for human habitation/

Landlords

The problem is that although affected tenants can secure compensation, enforcing urgent works is almost impossible as landlords often ignore repairing standard enforcement orders (RSEOs).

It is a source of frustration to Dailly who points out that: “The risk to respiratory and mental health from dampness, mould and house dust mites is well understood, so why isn’t Scotland introducing an equivalent to Awaab’s law for all tenants?.

Dailly goes on to say: “If we don’t act, Scotland will lag behind the rest of the UK on this vital health issue.”

Mike Dailly has 29 years of civil litigation experience and is Principal Solicitor and Solicitor Advocate at Glasgow’s Govan Law Centre.