Awaab's Law and the Repairing Standard: Can You Still Increase Rent in Scotland?

Awaab's Law arrived in the Scottish private rented sector on 6 October 2026, imposing strict timelines for investigating and repairing damp and mould. If you are a landlord planning a rent increase, the question is straightforward: does a repair obligation prevent you from serving a Rent-Increase Notice?

What Awaab's Law Requires

Named after Awaab Ishak, a two-year-old who died in Rochdale in 2020 from prolonged exposure to mould in social housing, the Scottish duties apply under the Investigation and Commencement of Repair (Scotland) Regulations 2026, which came into force on 6 October 2026. The key timelines:

• 10 working days to investigate a reported damp or mould issue from when you become aware of it
• 3 working days after the investigation concludes to provide the tenant with a written summary of the findings
• 5 working days to begin necessary repairs if the investigation identifies substantial damp or mould, counted from the investigation's conclusion
• If a tenant believes the Repairing Standard is not being met, they can apply to the First-tier Tribunal (Housing and Property Chamber). The Tribunal considers compliance with these timelines when deciding whether repairs were completed within a reasonable time.

These obligations sit alongside the existing repairing standard under the Housing (Scotland) Act 2006, which requires landlords to maintain the property's structure, installations, fixtures, and furnishings to a defined minimum standard throughout the tenancy.

Can You Serve a Rent-Increase Notice With Outstanding Repairs?

Legally, yes. The statutory rent-increase process under Sections 18 to 25 of the Private Housing (Tenancies) (Scotland) Act 2016 contains no prerequisite requiring the property to meet the repairing standard before a notice can be served. A Rent-Increase Notice served on the correct prescribed form, with correct dates and adequate notice, is valid regardless of the property's physical condition.

However, outstanding repairs affect what happens if the tenant refers your notice to Rent Service Scotland.

How Property Condition Affects RSS Adjudication

When a Rent Officer assesses the open market rent for your property, they consider its actual condition — not its condition assuming repairs are complete. If your property has unresolved damp, a broken boiler, or deteriorated fixtures, the Rent Officer will value it as a property in that condition, which typically means a lower market rent.

This creates a practical problem. You serve a notice proposing a rent increase from £800 to £880. The tenant refers it. The Rent Officer inspects, finds the bathroom has persistent damp, and assesses the open market rent at £790 — below your current rent. Under pre-April 2027 rules, the Rent Officer can set the rent at £790, giving the tenant a reduction.

The Strategic Sequence

The order matters:

1. Address any repairing standard deficiencies and Awaab's Law obligations first. Fix damp, mould, structural issues, and any outstanding maintenance.
2. Document the completed repairs. Keep invoices, contractor reports, and dated photographs.
3. Then serve the Rent-Increase Notice. A property in good condition supports a higher market valuation if the notice is referred to RSS.

This is not a legal requirement — it is a practical one. Serving the notice first and fixing repairs later risks an adjudication based on the property's pre-repair condition.

What About Improvement Works?

If you have carried out substantial improvements (not just repairs to maintain the existing standard), and your property is located inside a designated Rent Control Area, you may be eligible to apply to a Rent Officer for an above-cap adjustment reflecting the capital value added. This requires documentary proof of expenditure and is separate from the standard rent-increase route.

Outside an RCA — which in 2026 means everywhere in Scotland — improvement works simply support a higher open market figure that you can propose in your notice.

For the full rent-increase process including how to prepare for a tenant referral and how current rent adjudication works, see the Rent Increases in Scotland guide.

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