Scotland Landlord Damp Survey, Roof and Tenement Repairs

Damp, roof leaks, and broken close doors are among the most common repairing standard complaints in Scotland — and among the hardest to resolve quickly, especially in tenement buildings where shared ownership complicates who pays and who decides.

Damp: The Awaab's Law Timeline

Since 6 October 2026, damp and mould complaints carry statutory deadlines under the Investigation and Commencement of Repair (Scotland) Regulations 2026. When a tenant reports damp or mould:

Within 10 working days: Instruct a competent person to investigate. A competent person is someone with the skills and expertise to assess whether the home is substantially free from damp or mould and whether repairs are needed; no specific qualification is required. Complex investigations may need more than one visit or specialist input.

Within 3 working days of the investigation: Deliver a written summary to the tenant covering the investigation findings and planned remedial actions.

Within 5 working days of the investigation: Commence repair work if the investigation identifies substantial damp or mould.

Completion: Repairs must be completed within a reasonable timeframe, taking into account the structural complexity of the defect. No fixed completion deadline is set for private landlords, but the tribunal will assess what was reasonable.

If exceptional circumstances prevent you from meeting these deadlines — access barriers, material shortages, adverse weather — you must issue formal written notification to the tenant stating the specific reason for delay, providing a revised completion date, and deploying interim mitigation measures such as commercial dehumidifiers or specialist anti-mould treatment.

Commissioning a Damp Survey

A damp survey typically costs £150–£400 depending on the property size and complexity. The surveyor should identify the source of moisture (rising damp, penetrating damp, condensation, or a combination), assess the extent of the problem, and recommend specific remedial work.

For straightforward condensation issues caused by poor ventilation, the remedy is often improving airflow — extractor fans, trickle vents, or a positive input ventilation unit. For penetrating damp from roof or wall defects, structural repairs come first.

Get the survey report in writing. It forms the basis of your written summary to the tenant under Awaab's Law and your evidence file if the matter reaches the tribunal.

Tenement Roof Repairs

In a tenement building, the roof is almost always a common part. Responsibility for maintenance is determined by the title deeds or, where the deeds are silent, by the default rules of the Tenement Management Scheme under the Tenements (Scotland) Act 2004.

Under the default scheme, owners normally share maintenance costs equally. If work concerns a part serving only some flats, only those owners share the cost; where the largest flat is more than 1.5 times the floor area of the smallest, repair costs for scheme property are apportioned by floor area. Decisions on common repairs require a majority vote of owners.

The problem for landlords is that other owners may refuse to contribute, delay responses, or vote against necessary repairs. Water penetrating through a defective roof into your tenant's flat is a breach of your repairing standard duty under Section 13(1)(a) (wind and watertight) and Section 13(1)(b) (structure and exterior in reasonable repair).

When Co-Owners Won't Co-operate

Section 16 of the Housing (Scotland) Act 2006 (as amended March 2024) provides a statutory defence. You are excused from non-compliance if the required work cannot be executed because a co-owner refuses consent or votes against a majority decision, provided you can demonstrate that you took all reasonable steps to obtain consent or enforce common maintenance obligations.

"Reasonable steps" means documented attempts:

1. Write to every co-owner requesting the repair, specifying the defect, the proposed work, and estimated costs. Keep copies with dates.
2. Propose a formal vote under the Tenement Management Scheme if the deeds require one.
3. If owners refuse or do not respond, contact the local authority about Section 50 (Missing Shares). Under this provision, the council can carry out common repairs and recover costs from the non-contributing owners.
4. Consider Under One Roof (underoneroofscotland.co.uk), the Scottish Government-supported resource for tenement property management, for guidance on repair coordination.

Dated records of consent requests, votes, and council assistance can document the steps you took to qualify for this defence.

Close Door Repairs

Under Section 13(1)(k), added on 1 March 2024, common entrance doors in tenement buildings must be secure and fitted with a lock that can be opened from the inside without a key or code. This keyless internal egress requirement is a fire safety measure — occupants must be able to exit in an emergency without searching for keys.

If the close door lock does not allow keyless exit from inside, it needs replacing. As with roof repairs, this is a common part — responsibility is shared among owners. The same co-owner co-operation process applies.

A broken or insecure close door is also a security issue for your tenant. Under Section 13(1)(a), the property must be reasonably fit for human habitation, which includes the ability to secure the building entrance.

Practical Steps

For any damp, roof, or close door issue in a tenement:

1. Log the tenant's report immediately with the date received
2. Investigate or commission a specialist within the Awaab's Law timeline
3. Write to co-owners requesting the common repair
4. Arrange interim measures for the tenant (dehumidifiers for damp, temporary lock security for a broken close door)
5. Follow the council escalation route if co-owners obstruct
6. Keep dated copies of everything

The Repairing Standard Compliance Guide includes a common parts communication log and an Awaab's Law timeline tracker built specifically for these shared-property situations.

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