Important Changes to Scottish Rental Property Legislation this Autumn

There are a number of important legislative changes on the horizon for Scotland’s private rented sector. As The Housing (Scotland) Act 2025 continues to be rolled out, the next round of measures which impacts landlords, letting agents and tenants are due to come into force on 6 October 2026.

The new rules coming into effect include changes to succession rights, wrongful termination compensation, and new rules around the investigation and repair of damp and mould.

Succession after the Death of a Tenant

From 6 October 2026, the period a qualifying person must have lived in the property before they can potentially succeed to a Private Residential Tenancy following the tenant’s death reduces.

Previously the qualifying person must have lived in the property for a minimum of 12 months. Under the new rules being introduced in October, the minimum period is being reduced to 6 months.

The person must still meet the other statutory requirements, and six months’ occupation does not automatically give somebody the right to take over a tenancy.

Wrongful Termination Compensation

The wrongful termination order ensures that landlords in Scotland use valid legal grounds to end a Private Residential Tenancy, letting tenants apply for financial compensation if the landlord uses false information to end the tenancy.

If the tenant believes the landlord misled them in the termination of their tenancy, they can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for compensation.

From the 6 October 2026, the compensation will be as follows:

• Minimum: 3 times the monthly rent
• Maximum: 36 times the monthly rent

If landlords use an eviction ground, they must ensure it is genuine and keep evidence.

A landlord changing their mind does not automatically mean wrongful termination. The important issue is whether the original reason was genuine when the tenancy ended.

Damp & Mould Rules – Awaab’s Law

One of the most important changes this autumn is the introduction of specific timescales for dealing with reports of damp and mould.

Awaab’s Law is being introduced in Scotland to strengthen protections for tenants living with damp and mould and to ensure landlords respond promptly to issues that may affect tenants’ health.

The law is named after two-year-old Awaab Ishak, who tragically died in 2020 from a respiratory condition caused by prolonged exposure to mould in his family’s housing association home in England. His death highlighted the serious health risks that damp and mould can pose and the importance of landlords investigating concerns and taking appropriate action.

In Scotland, the new duties will apply to both private and social landlords from 6 October 2026, and landlords will be required to:

10 working days
Investigate a report of damp and mould.

3 working days
Provide the tenant with a written summary of the investigation findings.

5 working days
Begin any repairs required following the investigation.

These requirements are being introduced through the Investigation and Commencement of Repair (Scotland) Regulations 2026.

Looking Ahead to 2027

As the Housing (Scotland) Act 2025 continues to roll out, there will be further measures and changes which will be introduced in the 2027.

From 1 April 2027, the following measures are due to be implemented:

• New rent-adjudication rules – Rent officers will no longer be able to set a rent higher than the landlord’s proposed figure on a rent increase notice, even if market rent is higher.
• New joint-tenancy termination procedure – changes will allow one joint tenant to end the tenancy for all tenants, reversing the current requirement for all tenants to give notice.

As a landlord staying on top of the changing legislation and ensuring your property remains compliant is challenging. If you are unsure how the new legislation impacts you and your property, or are looking for support with managing your property, contact our experienced property team at property@fbrseed.com.

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