Scotland Housing Law Changes 2026 for Landlords

Scottish housing law has moved faster in the last three years than in the previous decade. The repairing standard expanded in March 2024, the Housing (Scotland) Act 2025 received Royal Assent in November 2025, and Awaab's Law took effect in October 2026. Here is what has actually changed, what is confirmed for 2027, and what remains proposed.

Already in Force: March 2024 Repairing Standard Additions

The revised Repairing Standard Statutory Guidance came into effect on 1 March 2024, adding seven new operational requirements to the existing repairing standard:

• A permanently installed fixed space heating system (portable heaters no longer acceptable as primary heating)
• RCD protection at 30mA or below in the consumer unit
• Satisfactory food storage and preparation space
• Safe access to common parts (stairwells, paths, courtyards)
• Secure common entrance doors with keyless internal egress in tenement buildings
• Lead pipe testing and elimination between the boundary stopcock and kitchen tap
• Safety duties extended to biomass, LPG, oil, and liquid fuel systems

These apply to all existing private tenancies, not just new lets. If your property has not been assessed against these additions, it could already be in breach.

Already in Force: Housing (Scotland) Act 2025

The Act is being implemented in four phases:

Phase 1 (1 April 2026): Local authorities gained statutory powers to gather rent data and perform local rent condition assessments. Councils must submit their first formal rent condition reports to Scottish Ministers by 31 May 2027. Enabling powers for tenant pet requests and property personalisation regulations were activated.

Phase 2 (1 August 2026): Technical and administrative regulatory provisions commenced.

Phase 3 (6 October 2026): Wrongful termination compensation limits increased to up to 36 times monthly rent (previously 6 months). The PRT succession qualifying period was reduced from 12 months to 6 months. Awaab's Law (damp and mould investigation and repair timelines) became fully operative for both social and private tenancies.

The wrongful termination change is significant. For a private residential tenancy, the Tribunal may make a wrongful-termination order if the landlord misleads the tenant into leaving or misleads the Tribunal into making an eviction order. From 6 October 2026, the award is generally between 3 and 36 times the relevant sum, though the Tribunal may award less than 3 times in appropriate cases. The relevant sum is one month's rent or £840, whichever is higher.

Already in Force: Awaab's Law (6 October 2026)

The Investigation and Commencement of Repair (Scotland) Regulations 2026 set statutory timelines for damp and mould complaints:

• 10 working days to instruct a competent person to investigate
• 3 working days after the investigation to deliver a written summary to the tenant
• 5 working days after the investigation to commence repair work

If access barriers, material shortages, or weather prevent compliance, you must serve written notice to the tenant explaining the delay, providing a revised completion date, and deploying interim mitigation measures (dehumidifiers, specialist anti-mould treatment).

These deadlines are enforceable. A breach is a standalone failure of the repairing standard that the tenant can take to the tribunal.

Confirmed for 2027

1 April 2027 — Phase 4 of the Housing (Scotland) Act 2025:

• Single joint tenants gain the right to terminate their interest in a joint PRT
• When a tenant challenges a rent increase issued on or after this date, the Rent Officer or tribunal cannot set a rent higher than the amount the landlord originally proposed
• The rent challenge window extends from 21 to 30 days

28 March 2027: The repairing standard extends to specific tenancies on agricultural holdings.

What Is No Longer in Force

The temporary rent cap and eviction restrictions under the Cost of Living (Tenant Protection) (Scotland) Act 2022 expired on 31 March 2025. Any claim that emergency rent caps remain active in Scotland is wrong. Standard PRT rent increase rules (90-day notice, tenant challenge to the Rent Service) apply.

What Is Proposed but Not Yet Law

Minimum energy efficiency standards for the private rented sector: consulted on in 2025, with a proposed EPC Band C target from 2028. This requires secondary legislation that has not been laid. Do not commit to major capital expenditure against these targets until the final rules are published.

Rent Control Areas: The framework exists under the 2025 Act, but no area has been designated yet. Councils are gathering data for their 2027 reports, after which Scottish Ministers decide whether to designate any areas.

What to Do Now

Check your property against the March 2024 additions — food storage, fixed heating, RCD protection, lead pipes, common parts, and common doors. Ensure your damp and mould response process meets the October 2026 Awaab's Law deadlines. Review your tenancy documentation against the increased wrongful termination damages.

The Repairing Standard Compliance Guide dates every operative requirement and separates in-force law from proposed measures, so you know exactly what applies today and what to prepare for.

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