Chamber and committees

We have availed tenants of new rights. One of the first and most important things that we can do is to ensure that people understand the rights that they are in receipt of, how to use them, how to raise complaints and what they should expect. That is the first way in which we can try to empower people and ensure that there is collaboration. People need to know what they are entitled to and what is required of them. We are putting a lot of work into that just now. I have seen that work; I have spoken to individuals where both the landlord and the tenant have a clear understanding of the new rules. I have also seen some nice graphics that demonstrate what Awaab’s law means and what is required of each person under it. I would like to see our guidance doing work such as that to make it as clear as possible.

There will always be situations in which people are not able to advocate for themselves. In some ways, that is where MSPs and the advice services that the Government supports come in. They can help people to navigate situations. Having a clear understanding that Awaab’s law is in place and knowing what is expected as a result will drive a more proactive approach. We will put effort into ensuring that tenants know what their rights are and how to use them. The supportive infrastructure that goes around individuals in Scotland will help to do that.

I have a bit more information in front of me now. To give a view of flexibility, if the landlord is unable to comply with the timescales for reasons beyond their control, we have set out that they must inform the tenant in writing that that is the case and that they cannot comply with the relevant duty, the reason why they cannot comply and a reasonable timescale within which they will be able to comply. You can imagine the kind of things that could be set out. For example, they could tell the tenant that they will be back on X date or that the tradesperson is available on Y date. It is about that on-going communication, which speaks to the point about good engagement and avoiding dispute.

The landlord will also be required to ensure that they are able to comply with their duty and that reasonable steps are taken, where practicable, to minimise the extent to which the house is affected by damp and mould in future. That goes to your second point about making sure that the problem is not recurring.

There is a whole suite of different issues that we could be talking about. A lot of landlords spoke to us about what they called lifestyle factors. Fuel poverty is a massive issue there, and you heard some of that from the evidence that you were taking. We have to understand that not everybody is in a position to pop the heating on and warm the house up to avoid these problems. The guidance will be critical.

When I visited the landlord and tenant who were showing me how they were already implementing Awaab’s law in Scotland, I saw that the landlord was providing their tenants with information such as the fact that having the windows open all day is not the best way to avoid damp and mould, contrary to some people’s views; you can have the windows open for 15 minutes and then close them, and you should have your heating on for a certain length of time. That is practical and helpful information that separates on-going and potentially recurring instances of damp and mould from, for example, “There’s a big leak that needs to be fixed and here’s how that will be done.” I appreciate that there is a spectrum of issues, but we are trying to tackle them all.

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Yes. In fact, just last week, I had a catch-up with the skills minister. We were talking specifically about more homes Scotland, but that conversation encompassed all our activity in housing in the coming years and the extent to which skills are matching that. The regulations are part of a lot of conversations that we are having about making sure that the skills pipeline matches the housing needs of the future, which, of course, is building, but it is also retrofit and repair. I am therefore mindful of that.

The question of retrofitting any technology, including the ones that you have put to me, convener, is very much the other side of the coin of this work. We want to improve the conditions that people are living in now, but we want to retrofit stock and have energy efficiency coupled with better-performing systems, too. We hope that the combination of both those things will make laws such as Awaab’s law less required.

Good morning. I thank you and the committee for the opportunity to speak to these draft regulations.

As I set out in a statement to Parliament in September last year, the Scottish Government is committed to introducing Awaab’s law in Scotland across the private and social rented sectors to ensure that landlords promptly address issues that are hazardous to a tenant’s health, starting with tackling damp and mould. Although around 90 per cent of homes in Scotland are free from those hazards already, we want to make sure that everyone is protected from their harmful effects. It is with that in mind that I laid the draft Investigation and Commencement of Repair (Scotland) Regulations 2026 before Parliament.

The regulations are informed by stakeholder engagement and build on the robust framework of housing standards that already exist in Scotland. If approved, landlords will be required to investigate reports of damp and mould and commence any required repairs within set timescales. In particular, from 6 October 2026, unless for reasons outwith their control, landlords will be required to investigate reports of damp and mould within 10 working days, produce a written summary of investigation findings within three working days and begin any required repairs within five working days of the investigation having taken place.

Those new duties will apply to all accommodation provided under a private Scottish secure or short Scottish secure tenancy, building on existing regulations. My officials are already considering how those protections can be applied for the Gypsy Traveller community, seasonal workers and those in other forms of temporary accommodation. Those areas will require appropriate time for consideration and cannot be covered within the draft regulations.

However, in all this, I recognise the importance of landlords and tenants having clear guidance and communications. My officials have already begun preliminary engagement with stakeholders in order to develop guidance that will clarify landlord and tenant responsibilities and support their understanding and assessment of damp and mould in particular.

My officials will also work with stakeholders to raise awareness of Awaab’s law, and damp and mould are just a starting point. We will look to include other repairs over time, learning from our approach herein.

We will have to do the work. Councils have a statutory obligation to note the types of tenancy agreements that they use. Once we have collated all of that information and have a clear picture, we will make an assessment of what is required. However, it is our policy objective that all temporary accommodation should be covered and that everybody should be protected by Awaab’s law. That is what we will be working towards.

I might ask my colleagues to come in and answer your second question, which was about particular types of accommodation. As it stands, work is on-going to extend protection to Gypsy Traveller communities through guidance. The work on seasonal workers is slightly discreet. The committee knows that we are undertaking that with Richard Leonard and others—including you, convener. The question is whether we need a bespoke standard for seasonal workers’ accommodation. Once we have an established view on that, the question will be how we ensure that Awaab’s law applies to it. I will hand over to Sarah Woolman to say a bit more about those two bespoke areas.

We are working to get the regulations to apply to those who are covered by short Scottish secure tenancies. We are working with local authorities on all the other ways that they might provide temporary accommodation to make sure that such accommodation can be brought under the regulations. The UK Government is working out how to apply the regulations to licences, and we will do that work as well. I am sure that the relevant minister—it might not be me—will come back to the committee and update it on that work.

I would rather the Government came to confirm to the committee that everybody in temporary accommodation in Scotland is covered by the regulations—or by Awaab’s law generally, if not by these regulations. That is exactly what the Scottish Government will update the committee on.

I cannot help but think that we are going round in circles here, Mr Griffin. I have told you that we want Awaab’s law to apply across the board, and we are doing the work to make sure that that is the case. I have also told you that the Government will come back to the committee and update you on that when it is done.

I add one thing that I am keen for the guidance to cover well: the question of fuel poverty. Thankfully, recent statistics have shown a slight decrease from the 30 per cent that we were at, but we can all look at the world around us and see how the price of energy is the most significant driver. As we know, things are volatile. In the coming years, I am keen that tenants are supported on the question of fuel poverty and how to manage heating and the circulation of air to best avoid damp in the first place.

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