Awaab's Law for Private Landlords: Damp, Mould, and Your New Legal Duties

The Tragedy That Changed the Law

In December 2020, two-year-old Awaab Ishak died from a respiratory condition caused by prolonged exposure to mould in his family's housing association flat in Rochdale. Despite repeated complaints from his parents, the mould was never adequately addressed. The coroner's report was damning, and the public outcry led directly to legislative action.

"Awaab's Law" was first introduced through the Social Housing (Regulation) Act 2023, imposing strict timescales on social landlords for investigating and remedying damp, mould, and other serious hazards. The Renters' Rights Act 2025 extends these duties to the private rented sector in England.

The principle behind Awaab's Law is simple: when a tenant reports a serious hazard, the landlord must act — and must act quickly.

How Awaab's Law Applies to Private Landlords

The Renters' Rights Act 2025 gives the Secretary of State the power to set prescribed timescales within which private landlords in England must investigate and remedy hazards that pose a risk to the health or safety of their tenants. The regulations are expected to mirror those already in force for social housing.

The Expected Timescales

Based on the social housing framework and government consultations, private landlords are expected to comply with the following response timescales once the regulations are in force.

Emergency Hazards (Risk to Life)

Where a hazard presents an immediate risk to life — for example, a carbon monoxide leak (see our guide on smoke and CO alarm regulations) or structural collapse — the landlord must take action within 24 hours to make the situation safe.

Non-Emergency but Serious Hazards

For hazards that are serious but not immediately life-threatening — including significant damp and mould — the expected timescales are:

• Acknowledge the report within 14 days
• Investigate the hazard within 14 days of the report
• Begin remedial work within 7 days of the investigation
• Complete repairs within a reasonable period, with a backstop of no more than a set number of weeks depending on the complexity

What Counts as a "Prescribed Hazard"?

The regulations are expected to cover hazards assessed under the Housing Health and Safety Rating System (HHSRS), with particular focus on:

• Damp and mould growth — the most common and the most politically visible
• Excess cold — inadequate heating or insulation (improving your EPC rating can help address this)
• Structural collapse — instability in the building fabric
• Carbon monoxide and fuel combustion products
• Falls — dangerous stairs, balconies, or windows

Understanding Damp and Mould

Damp and mould are by far the most common hazard that Awaab's Law is designed to address. As a landlord, you need to understand the different types and your responsibilities for each.

Rising Damp

Caused by groundwater migrating up through the building fabric due to a defective or absent damp-proof course. This is a structural issue and is always the landlord's responsibility.

Penetrating Damp

Caused by water entering through the building envelope — typically through damaged roofing, faulty guttering, cracked rendering, or defective window seals. Again, this is a structural maintenance issue and falls squarely on the landlord.

Condensation

This is where disputes most commonly arise. Condensation occurs when warm, moist air meets a cold surface. It can be caused by:

• Inadequate ventilation (landlord's responsibility)
• Insufficient heating provision (landlord's responsibility if the heating system is defective or inadequate)
• Tenant lifestyle factors (drying clothes indoors without ventilation, blocking air vents)

When Mould Becomes Dangerous

Mould is not merely a cosmetic issue. Certain moulds produce mycotoxins and allergens that can cause or worsen:

• Asthma and other respiratory conditions
• Allergic reactions (rhinitis, skin rashes)
• Infections in immunocompromised individuals

The HHSRS rates damp and mould as a Category 1 hazard (the most serious category) when the risk to health is significant. A Category 1 hazard triggers a duty on the local authority to take enforcement action.

What Happens If You Fail to Comply

The penalties for failing to meet the prescribed timescales are designed to be severe enough to ensure compliance.

Local Authority Enforcement

Environmental health officers already have the power to serve improvement notices and prohibition orders under the Housing Act 2004. Awaab's Law adds prescribed timescales to these existing powers, making enforcement more straightforward.

Civil Penalties

Local authorities can impose civil penalties of up to £7,000 for a first breach and up to £40,000 for a subsequent breach. These are alternatives to criminal prosecution.

Rent Repayment Orders

If a landlord fails to comply with an improvement notice, the tenant (or the local authority) can apply to the First-tier Tribunal for a rent repayment order — requiring the landlord to repay up to 12 months' rent. This applies to all rental properties in England. The Renters' Rights Act extends the availability of rent repayment orders to cover a wider range of offences.

Criminal Prosecution

In the most serious cases — particularly where a failure to act leads to harm — landlords can face criminal prosecution under the Housing Act 2004 or, in extreme cases, under health and safety legislation. Unlimited fines and imprisonment are possible.

A Practical Framework for Compliance

Here is how to build Awaab's Law compliance into your property management.

1. Create a clear reporting channel. Make it easy for your tenants to report damp, mould, or other hazards. An email address or online form with automatic acknowledgement is ideal. The clock starts when the tenant reports the issue, so you need to know exactly when that happens.
2. Acknowledge promptly. Respond to the tenant within 14 days (and ideally much sooner) confirming you have received their report and outlining next steps.
3. Investigate properly. Arrange an inspection by a qualified person. For damp and mould, this may be a specialist surveyor rather than a general builder. Identify the root cause — not just the symptoms.
4. Document everything. Take photographs, record moisture readings, note the extent of the mould growth, and record the date and findings of every inspection. This documentation protects you if the case is referred to a Tribunal or enforcement officer.
5. Carry out repairs within the prescribed timescale. Instruct contractors promptly and follow up to ensure the work is completed on time. If the repair is complex and will take longer, communicate this to the tenant in writing and explain the timeline.
6. Follow up after completion. Check that the repair has resolved the issue. Damp and mould can recur if the underlying cause has not been fully addressed. A follow-up inspection a few weeks later is good practice.

Proactive Property Maintenance

The best way to comply with Awaab's Law is to prevent hazards from arising in the first place.

Ventilation

Ensure every property has adequate ventilation. Extractor fans in bathrooms and kitchens should be in working order. Trickle vents on windows should not be sealed or blocked. Consider installing mechanical ventilation in properties that are particularly prone to condensation.

Heating

The heating system must be adequate to heat the property to a reasonable temperature. A property that cannot be heated to at least 18 degrees Celsius in living areas is likely to develop condensation problems. Ensure your gas safety certificate is current and that boilers are serviced regularly.

Building Fabric

Inspect roofs, guttering, rendering, and window seals regularly. Penetrating damp is almost always a maintenance failure that can be prevented with routine upkeep.

Tenant Communication

Provide tenants with clear guidance on ventilation and heating — not as a way to shift blame, but as a genuine effort to help them live comfortably and reduce condensation risk. This complements your structural obligations; it does not replace them.

Taking This Seriously

Awaab's Law exists because a child died from mould in his home. It is a reminder that the properties we let are people's homes, and that their safety is not negotiable. The legal framework now reflects that reality.

For landlords who already maintain their properties well and respond promptly to maintenance requests, Awaab's Law will not require a radical change. For those who have been slow to act on damp and mould complaints, the message is clear: the time for delay is over. Understanding your broader repairs and maintenance obligations is essential to staying compliant.

Further Reading

• Landlord Responsibilities for Repairs and Maintenance
• Energy Efficiency Improvements for Rental Properties
• Fire Safety Regulations for Rental Properties