Damp, Mould and Awaab's Law: Landlord Obligations

Damp and mould are the most common hazard in rented housing. Awaab's Law — named after two-year-old Awaab Ishak, who died in 2020 from prolonged exposure to mould in a social housing property — currently applies to social housing only. There is no confirmed commencement date for its extension to the private rented sector. Here is what private landlords need to know.

What is Awaab's Law?

Awaab's Law (Section 42 of the Social Housing (Regulation) Act 2023) requires social housing providers to investigate and fix damp and mould hazards within strict timescales. It currently applies to social housing only. The Renters' Rights Act contains a framework to extend similar obligations to private landlords, but no commencement date has been set and there is no confirmed timeline for PRS implementation.

The Decent Homes Standard — not yet PRS law

The Decent Homes Standard currently applies to social housing only. The RRA contains a framework to extend it to the PRS, but no commencement date has been set and it is not expected before 2035. Do not assume it applies to your properties now.

Your Current Legal Obligations (enforceable now)

Private landlords already have significant legal obligations regarding damp and mould:

- Section 11, Landlord and Tenant Act 1985: You must keep the structure and exterior in repair, including roofs, walls, windows and drains that allow damp to penetrate

- Homes (Fitness for Human Habitation) Act 2018: The property must be fit for human habitation throughout the tenancy — serious mould makes it unfit

- HHSRS: Local authorities can serve improvement notices for Category 1 hazards

Causes of Damp and Mould

Understanding the cause is essential before remediation:

- Penetrating damp: Water entering through walls, roof or windows — a structural defect, always the landlord's responsibility

- Rising damp: Water rising through floors or walls — a structural defect, always the landlord's responsibility

- Condensation: Moisture from cooking, bathing and breathing condensing on cold surfaces — can be caused by inadequate ventilation (landlord's responsibility) or tenant behaviour (shared responsibility)

How to Respond to a Report

1. Acknowledge the report in writing immediately

2. Arrange an inspection within 14 days (sooner for serious cases)

3. Identify the cause — instruct a damp specialist if needed

4. Set out a remediation plan with a clear timeline

5. Carry out the works promptly

6. Follow up to confirm the problem is resolved

Never blame the tenant first. Even if condensation is partly caused by tenant behaviour, the property must have adequate ventilation and heating. Address the structural issues first.

Remediation

For penetrating or rising damp:

- Fix the source (roof, gutters, pointing, damp proof course)

- Allow the property to dry out

- Redecorate affected areas

For condensation mould:

- Improve ventilation (extractor fans in kitchen and bathroom, trickle vents in windows)

- Ensure adequate heating (the property must be capable of being heated to 18°C in living areas)

- Treat mould with appropriate fungicidal products

- Redecorate

Record Keeping

Keep records of:

- Date report received

- Date of inspection

- Cause identified

- Works carried out and dates

- Follow-up inspection confirming resolution

Penalties

Local authorities can:

- Serve improvement notices requiring works within a set timeframe

- Carry out works themselves and charge the landlord

- Issue civil penalties up to £30,000

- Apply for rent repayment orders

Common Mistakes

❌ Blaming the tenant without inspecting the property

❌ Painting over mould without treating the cause

❌ Delaying inspection or remediation

❌ Not keeping records of reports and actions taken

❌ Ignoring reports — this creates significant legal liability

Top Tips

✓ Respond to every damp or mould report in writing, same day

✓ Inspect promptly — do not wait for the problem to worsen

✓ Fix the cause, not just the symptom

✓ Keep a full written record of every report and action

✓ Carry out annual inspections to catch problems early