repairs and maintenance

Awaab's Law for Private Landlords: Damp, Mould and the New Hazard Timescales

Awaab's Law is extending to private landlords under the Renters' Rights Act. Damp and mould reports trigger 10-day investigation and 5-day fix deadlines.

LT
LandlordReady Team
··17 min read
A senior man using a device to inspect a bathroom for maintenance or repair.
Photo: Kathleen Austin Kuhn via Pexels

Once Awaab's Law applies to you as a private landlord, a tenant's damp or mould report starts a legal clock: you must investigate within 10 working days and make the property safe within a further 5 working days, or offer suitable alternative accommodation if you can't. Miss those deadlines and you're in breach of the tenancy itself — exposing you to rent repayment orders of up to 24 months' rent, civil penalties of up to £30,000, and unlimited fines or a banning order for serious or repeat breaches. Emergency hazards (gas leaks, severe structural or electrical faults) carry a stricter 24-hour investigation deadline. Awaab's Law already applies to social landlords from 27 October 2025, and the Renters' Rights Act 2025 extends the same framework to private landlords in England, with detailed timescales expected from around 2027 — but the social housing timescales are the reliable preview to plan around now.

Awaab's Law is named after Awaab Ishak, a two-year-old who died in December 2020 after prolonged exposure to black mould in his family's Rochdale social housing flat. It replaces the old wait-for-a-complaint, wait-for-an-improvement-notice approach with fixed, enforceable deadlines — and it's coming for the private rented sector, not just social housing.

Awaab's Law and Private Landlords: What Damp and Mould Duties Are Coming

Awaab's Law is a statutory framework of fixed deadlines for investigating and fixing hazards in rented homes, and it is being extended from social housing to the private rented sector under the Renters' Rights Act 2025. It sets legally enforceable deadlines for landlords to investigate and fix serious hazards in rented homes — most notably damp and mould. It has applied to social landlords since 27 October 2025 under the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025. The Renters' Rights Act 2025 extends the same framework to private landlords in England, with timescales to be finalised after consultation (likely from 2027). The headline rules in social housing are: investigate emergency hazards within 24 hours, investigate significant damp and mould within 10 working days, make the home safe within 5 working days after that, and offer alternative accommodation if you can't. Private landlords should expect a very similar shape. If you let property in England, this is the regime you'll be working under within the next year or two, and the practical preparation starts now.

What Are My Obligations as a Private Landlord Under Awaab's Law Regarding Damp and Mould, and What's the Fine for Not Fixing It?

Once Awaab's Law applies to your tenancy, a tenant's report of damp or mould starts a legal clock: you must investigate within 10 working days, and if a hazard is confirmed, make the property safe within a further 5 working days. If you can't fix the hazard or make it safe in time, you must offer suitable alternative accommodation comparable in size, location and rent. Emergency hazards — gas leaks, severe electrical faults, serious structural damage — carry a much tighter 24-hour investigation deadline.

The fine for missing these deadlines is not a fixed figure but a range of enforcement tools: civil penalties of up to £30,000 for a botched damp and mould response, unlimited fines from a magistrates' court for breach of the implied tenancy term, and rent repayment orders letting the tenant reclaim up to 24 months' rent. On top of that, a tenant can go straight to the First-tier Tribunal for damages or an injunction without waiting for the council to get involved — which is the real practical bite for a landlord with one or two properties: you can't rely on a slow council backlog to buy you time. Missing these deadlines is a breach of the tenancy itself. This regime is not yet in force for private landlords, but is expected to apply from around 2027 under the Renters' Rights Act 2025, closely mirroring the social housing model described below.

Worked example: a landlord in Rochdale lets a two-bed terrace where the tenant emails photos of black mould around the bathroom extractor fan. Under the social housing model that private landlords should expect to mirror, the clock starts on receipt of that email — not on the date the landlord gets round to reading it. Ten working days later, if the landlord hasn't arranged a survey, they're already in breach, regardless of whether a contractor was available. That's the operational shift Awaab's Law makes: the deadline runs from the tenant's report, not the landlord's schedule.

What Is Awaab's Law?

Awaab's Law was created by section 42 of the Social Housing (Regulation) Act 2023, which inserted an implied hazard-response term into social tenancies — a model the Renters' Rights Act 2025 is extending to private lets. The legal framework was created by section 42 of the Social Housing (Regulation) Act 2023, which inserted a new section 10A into the Landlord and Tenant Act 1985. Section 10A implies a term into social tenancy agreements requiring landlords to comply with hazard-response timescales set in secondary legislation.

The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, in force from 27 October 2025, set the first statutory timescales for social landlords. The regulations bite on social landlords first, but the architecture — an implied tenancy term plus a prescribed timetable — is exactly what the government has signalled it will replicate for the private sector.

Does Awaab's Law Apply to Private Landlords?

Awaab's Law does not yet apply to private landlords, but the Renters' Rights Act 2025 gives ministers the power to extend it to assured tenancies in England, so private landlords should start planning for it now. The Renters' Rights Act 2025 gives ministers the power to apply Awaab's Law to assured tenancies in the private rented sector. According to the government's Guide to the Renters' Rights Act, the Act enables hazard-response timescales to be prescribed for private landlords in England. This builds on the wider duty to maintain rented homes to a decent standard, which is being introduced for the private sector at the same time. Together, these reforms establish a floor of habitability with enforceable deadlines — a significant change from the old reactive-only repair obligations under the Landlord and Tenant Act 1985.

The exact timescales and categories of hazard will be set by secondary legislation following public consultation. The government has indicated that the framework for private landlords will closely mirror the social housing model, which means you should treat the social housing timescales as a reliable preview of what's coming. In practice, if you let property in England under an assured tenancy (which covers almost all new private tenancies from May 2026 under the Renters' Rights Act 2025 changes), you should be planning as if the social housing Awaab's Law deadlines will apply to you within 12–18 months.

What Are the Timescales Under Awaab's Law?

Awaab's Law sets four fixed deadlines, running from the moment a hazard is reported, and missing any one of them exposes a landlord to rent repayment orders, civil penalties, or unlimited fines. Under the social housing regulations, landlords must:

Emergency hazards: 24-hour investigation deadline. Landlords who fail to investigate life-threatening hazards (gas leaks, electrical faults, severe structural damage) within 24 hours of notification face enforcement action and penalties up to £40,000 for repeat breaches. Emergency hazards include serious structural faults, gas leaks, severe electrical faults, and other immediate risks to life or serious injury.

Significant damp and mould: 10 working-day investigation deadline. Landlords must investigate significant damp and mould within 10 working days of notification. "Significant" is not defined in the regulations but is understood to mean Category 1 or serious Category 2 hazards under the Housing Health and Safety Rating System (HHSRS). Landlords who miss this deadline face rent repayment orders and civil penalties up to £30,000.

Making the property safe: 5 working-day remediation deadline. After completing the investigation, landlords have 5 working days to either fix the hazard or make interim arrangements that remove the risk to the tenant. Failure to meet this deadline triggers the duty to provide alternative accommodation and exposes landlords to unlimited fines and banning orders for serious breaches.

Alternative accommodation: immediate duty if property cannot be made safe. If the landlord cannot make the property safe within the deadline and the tenant cannot remain in the property safely, the landlord must offer suitable alternative accommodation. "Suitable" means comparable to the existing tenancy in terms of size, location, and rent.

These are maximum timescales. The duty is absolute: once a tenant reports a qualifying hazard, the clock starts, and the landlord must comply or face enforcement action. For private landlords, enforcement is likely to sit with local authority housing standards teams, with penalties including rent repayment orders, unlimited fines, and banning orders for serious or repeat breaches.

How Does This Interact with Existing Repair Duties?

Awaab's Law adds enforceable deadlines on top of your existing repair duties rather than replacing them, so a landlord who is already compliant with Section 11 and HHSRS still needs a faster response process. It does not replace your existing repair obligations — it sits on top of them. Private landlords already owe:

  • Section 11, Landlord and Tenant Act 1985: implied duty to keep the structure and exterior in repair, and installations for water, gas, electricity, heating and sanitation in working order.
  • HHSRS enforcement: local authorities can serve improvement notices or take emergency action if a Category 1 or serious Category 2 hazard exists.
  • Common law fitness for human habitation: tenancies starting after 20 March 2019 are subject to an implied term that the property must be fit for human habitation at the start and throughout the tenancy.

Awaab's Law adds prescribed timescales to the hazard-response process. Before, a landlord who failed to address damp and mould might face an improvement notice after weeks or months of delay. Under Awaab's Law, the investigation must start within 10 working days, and the property must be made safe within 5 working days after that. The duty is proactive, not reactive — if you miss the deadline, you are in breach of the tenancy term itself, giving the tenant the right to seek a rent repayment order or damages without needing the council to step in first.

What Counts as Damp and Mould?

Damp and mould under Awaab's Law covers rising damp, penetrating damp, and condensation-related mould growth, and landlords remain on the hook even where tenant behaviour contributes, unless they can show the tenant's conduct was unreasonable. The regulations do not define "damp and mould" exhaustively, but the term is understood to cover:

  • Rising damp: moisture from the ground rising through walls due to failed or missing damp-proof course.
  • Penetrating damp: water ingress through the building envelope (roof leaks, defective gutters, cracked render, failed window seals).
  • Condensation and mould growth: excess moisture in the air condensing on cold surfaces, leading to black mould, especially in bathrooms, kitchens, and poorly ventilated bedrooms.

Condensation is the most common type of damp in rented homes. It is often caused by a combination of building defects (poor insulation, inadequate ventilation, thermal bridging) and tenant behaviour (drying washing indoors, insufficient heating). Awaab's Law does not absolve tenants of basic responsibilities — they must still ventilate and heat the property reasonably — but it places the burden on the landlord to ensure the building is capable of being kept free from damp and mould when used normally. If mould persists despite reasonable tenant behaviour, the landlord must act.

How to Prepare for Awaab's Law Now

Landlords should prepare for Awaab's Law now, because a 10-day investigation deadline leaves no room to build a contractor network or survey a property from scratch once the regulations bite. Even though the private-sector regulations are not yet in force, you can and should prepare now. The timescales are tight, and if you wait until the regulations come into effect, you will have no time to react.

  1. Commission a damp and mould survey. Engage a qualified surveyor to inspect all your rental properties for existing or potential damp and mould issues. This is not the same as an EPC rating assessment, a gas safety check, or an electrical safety inspection — you need someone who understands building pathology and can identify defects that might cause condensation, penetrating damp, or rising damp.
  2. Fix obvious problems now. If the survey identifies roof leaks, failed ventilation, missing damp-proof courses, or thermal bridges, get them fixed before the regulations come in. Budget for it in 2026; don't wait for a tenant to report it in 2027 when you have 10 working days to investigate and 5 to fix.
  3. Review your property insurance. Check whether your landlord insurance covers the cost of emergency repairs, alternative accommodation, and loss of rent while the property is uninhabitable. If not, consider upgrading — Awaab's Law could force you to rehouse a tenant at short notice, and you need to know whether your insurer will help.
  4. Update your tenant reporting process. Make it easy for tenants to report hazards. Give them a clear email address, phone number, and (if you use one) a portal where they can submit photos and descriptions. Document everything: the date and time of the report, what was reported, and what you did in response. If you ever face enforcement, contemporaneous records are your best defence.
  5. Build a contractor network. Identify surveyors, damp specialists, roofers, plasterers, and electricians who can respond within 24 hours to an emergency call-out. Get their contact details, agree day rates in advance, and confirm they can attend at short notice. If you manage properties across multiple local authorities, you may need contractors in each area.
  6. Plan for alternative accommodation. If you cannot make a property safe within the deadline, you must offer suitable alternative accommodation. "Suitable" means comparable to the existing tenancy in terms of size, location, and rent. Start thinking now about where you would place a displaced tenant: do you have other vacant properties? Can you afford to put them in a serviced apartment or budget hotel for a few weeks? What does "suitable" mean for a family with school-age children?

What Happens If You Miss a Deadline?

Missing an Awaab's Law deadline is treated as a breach of the tenancy agreement, exposing landlords to rent repayment orders of up to 24 months' rent, civil penalties of up to £30,000, unlimited fines, and — for serious or repeat breaches — a banning order of up to 5 years. Under the social housing regime, failure to meet the Awaab's Law timescales is a breach of the tenancy agreement itself. Tenants can apply to the First-tier Tribunal (Property Chamber) for a rent repayment order, damages, or an injunction requiring the landlord to comply. Local authorities can also take enforcement action, including unlimited fines and civil penalties. Serious or repeat breaches may result in a banning order, preventing you from letting property or engaging in property management.

The private-sector enforcement framework is not yet published, but the government has indicated it will follow the same model. In practice, this means:

  • Rent repayment orders: tenants can reclaim up to 24 months' rent if the landlord fails to comply with Awaab's Law within the prescribed timescales.
  • Unlimited fines: magistrates' courts can impose unlimited fines for breach of the implied tenancy term.
  • Civil penalties: local authorities can issue civil penalties of up to £30,000 for less serious breaches.
  • Banning orders: persistent or serious offenders can be banned from letting property for up to 5 years.

The penalties are designed to be severe. The message from government is clear: damp and mould are not minor inconveniences — they are serious health hazards, and landlords who fail to act quickly will face meaningful consequences.

Frequently Asked Questions

The Housing Ombudsman's severe maladministration findings already show what enforcement bodies treat as an unreasonable damp and mould response in social housing, and that same benchmark is likely to shape how local authorities judge private landlords once the PRS regulations land. If you manage even one or two properties, cross-check your response times against that emerging standard rather than waiting for the private-sector rules to be finalised — see also our guide to the decent homes standard for how these duties interact with your baseline repair obligations.

Key Takeaways

  • Awaab's Law is already in force for social landlords (since 27 October 2025) and will be extended to private landlords in England under the Renters' Rights Act 2025, likely from 2027.
  • The law sets strict timescales: investigate emergency hazards within 24 hours, investigate significant damp and mould within 10 working days, and make the property safe within 5 working days after that.
  • If you cannot make the property safe within the deadline, you must offer suitable alternative accommodation.
  • Penalties for non-compliance include rent repayment orders, unlimited fines, civil penalties, and banning orders.
  • Start preparing now: commission damp and mould surveys, fix obvious problems, build a contractor network, and update your tenant reporting process.

Awaab's Law represents a step-change in how hazards are managed in the private rented sector. The old reactive model — wait for the tenant to complain, wait for the council to inspect, argue about whether the defect is the landlord's responsibility — is over. The new model is time-bound, tenant-driven, and enforceable without council intervention. If you let property in England, treat the next 12 months as your preparation window. Get your properties surveyed, fix what needs fixing, and build the systems and relationships you'll need to respond within the new timescales. The clock is ticking.

LT

LandlordReady Team

Compliance Experts

The LandlordReady team includes qualified property professionals, housing law specialists, and experienced private landlords. Our compliance guides are researched against current legislation, official government guidance, and regulatory body publications to help every private landlord in England stay compliant with confidence.

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