The Investigation and Commencement of Repair (Scotland) Regulations 2026: time limits for damp and mould repairs in UK health and safety law

Investigation and Commencement of Repair (Scotland) Regulations 2026: time limits for damp and mould repairs in UK health and safety law and what it means for landlords

What has changed

The Investigation and Commencement of Repair (Scotland) Regulations 2026 introduce time‑limits for the investigation and commencement of repairs to damp or mould in private tenancies, Scottish secure tenancies and short Scottish secure tenancies. These amendments to the Housing (Scotland) Act 2006 and the Scottish Secure Tenants (Right to Repair) Regulations 2002 place new duties on landlords and managers to act within specified periods when damp and mould present a health and safety risk.

Why this matters for UK health and safety law

This change strengthens expectations under UK health and safety law by ensuring prompt identification and remediation of damp and mould, a known contributor to health issues for occupants. For duty holders, this creates a governance requirement to have robust processes for tenancy requests, inspections, diagnosis and timely repairs, aligned with best practice in regulatory compliance and HSE expectations. Organisations should ensure that contracts with landlords and property managers reflect these time‑limits and that tenant communications are clear and timely. Synergos Consultancy can support with ISO 45001 occupational health and safety management and health and safety risk assessments to help establish systematic control of hazards and reporting.

What organisations should do next

Actions to prioritise include:

• Review current policies and procedures for damp and mould complaints, inspections and repair timelines to ensure alignment with the new statutory time‑limits.
• Update risk assessments to reflect the health risks associated with damp and mould and the required response times.
• Document responsibilities across tenants, landlords, property managers and contractors and ensure competent oversight.
• Engage a competent person for inspections and remediation planning where needed, and consider Synergos support when developing a compliant management system such as ISO 45001.
• Provide clear tenant communications on responsibilities and expected timescales for investigations and repairs.
• Review contractor arrangements to ensure capacity to meet time‑limits and maintain records of all actions taken.
• Implement governance and monitoring to demonstrate ongoing compliance with the regulation and UK health and safety law.

By integrating these processes into your safety management approach, you can reduce occupational health risks from damp and mould and demonstrate robust regulatory compliance within your governance framework. For further practical guidance you may consider Synergos services such as Competent Person support and health and safety training.

In summary, the new time‑limits for damp and mould repairs in Scottish tenancies strengthen regulatory expectations and create a clear administrative pathway for timely remediation, with implications for policy, process and supplier management across the housing sector.