Awaab's Law: New rules on damp and mould every landlord should know
Awaab's Law takes its name from Awaab Ishak, a two-year-old child whose death in Rochdale was linked to prolonged exposure to mould in his family's rented home. The case brought national attention to how damp and mould reports in rented housing were being handled, and in particular how long they were being left without adequate response. The legislation that followed introduced fixed, legally binding timescales for investigating and acting on hazards, replacing the open-ended framework that had allowed repairs to be deferred indefinitely. Understanding where it currently applies, where it is heading, and what already applies to private landlords regardless is now an essential part of managing a rental property in England.
What Awaab's Law currently requires and who it applies to
Phase 1 of Awaab's Law came into force for social housing in England on 27 October 2025. Under that framework, social landlords are required to investigate potential significant hazards, including damp and mould, within 10 working days of becoming aware of a problem. Where the investigation identifies a significant hazard, safety works must be carried out within five working days. In an emergency, where a hazard poses an imminent risk to health, the landlord must investigate and make the property safe within 24 hours. A written summary of the investigation must be provided to the tenant within three working days of the investigation concluding. Where the home cannot be made safe within the required timescales, the social landlord is responsible for the cost of alternative accommodation.
Phase 2, which extends the same statutory timescale framework to a wider set of hazards including excess cold, excess heat, falls, structural collapse, fire, and electrical hazards, is expected to take effect for social landlords from 30 November 2026.
When it will apply to private landlords
The Renters' Rights Act 2025 contains the primary legislation to extend Awaab's Law to the private rented sector. The extension is confirmed in principle. The specific timescales, start date, and implementation details are subject to a separate consultation and secondary legislation that had not been confirmed at the time of writing. Legal and housing commentators, including Shelter, indicate that the earliest the private sector extension is likely to take effect is 2027, though this could change.
The direction of travel is settled even where the date is not. Private landlords who are not already operating to Awaab's Law standards are operating against the confirmed direction of primary legislation.
What already applies to private landlords right now
The absence of a confirmed Awaab's Law extension date does not mean private landlords are operating in a reduced-obligation environment. Two existing pieces of legislation already create meaningful and enforceable duties around damp and mould.
The Homes (Fitness for Human Habitation) Act 2018 requires that privately rented properties remain fit for human habitation throughout the tenancy. Damp and mould of sufficient severity to affect health can render a property unfit, and tenants have the right to take civil action through the courts where this standard is not met. Section 11 of the Landlord and Tenant Act 1985 places a duty on landlords to keep the structure and exterior of the property in repair, which includes the wall fabric, roof, windows, and any elements that contribute to moisture ingress.
Local authorities have inspection powers under the Housing Health and Safety Rating System and can issue improvement notices and prohibition orders where a category one hazard, including excess cold and damp, is identified. Those powers have not changed and they apply to the private rented sector now.
The lifestyle defence no longer holds
One of the most significant practical shifts introduced by Awaab's Law, and increasingly reflected in how enforcement bodies approach private sector cases, is the explicit rejection of attributing damp and mould to tenant lifestyle without evidence. Condensation mould, the most commonly reported type, typically has building-related contributors: inadequate ventilation, poor insulation, cold internal surfaces, or a combination of all three. A landlord who responds to a damp or mould report by attributing it to tenant behaviour without conducting a proper investigation is not in a defensible position under current legislation, and will be in a considerably weaker position once Awaab's Law applies formally to the private sector.
The practical response for private landlords
Treat any report of damp or mould as triggering an obligation to investigate, document the investigation, and act on the findings. Keep a clear record of when you were notified, what you did in response, and what outcome was achieved. Where the investigation identifies a building-related cause, address it at the source rather than treating the symptom. Properties with adequate ventilation, well-maintained fabric, and responsive maintenance records are both legally compliant and commercially stronger.
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