Agents urged to prepare as new Scottish rental laws go live today
Landlords and agents in Scotland are facing a range of new compliance responsibilities, says Propertymark's Hazel MacIver.
Landlords and lettings agents in Scotland are being urged to prepare for new rental regulations that have come in today.
As of 6th October, there are new duties around damp and mould, the qualifying period for tenancy succession following a tenant’s death, and higher financial consequences for wrongful termination of a Private Residential Tenancy in Scotland.
Hazel MacIver (pictured), Policy and Campaigns Officer at Propertymark, says: “For landlords and agents, robust processes and compliance will be essential. Propertymark continues to engage with the Scottish Government to support clear and workable implementation of these reforms.”
New damp and mould duties
Landlords must now 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.
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, says Propertymark.
Tenancy succession period
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 6th October, 2026.
Wrongful termination payments
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 by relying on an eviction ground that did not apply.
For tenants who leave a property on or after 6th October 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.
Eddie Hooker, Chief Executive of mydeposits Scotland, adds: “This is a really important change which should help raise standards, remove ambiguity and, most importantly, ensure tenants are better protected and homes are kept safe. Damp and mould can have serious consequences, so having clear expectations around how quickly problems must be investigated and acted upon is a positive step.
“For landlords, the biggest practical change is that the clock will now be ticking. They need to be confident they have the systems and contractors in place to respond within the new timescales. The cause of damp and mould is not always immediately obvious, but questions around responsibility should not delay the initial response. Early reporting, good communication and clear records from the outset will be more important than ever.”
