The landlord vs tenant causation test
Condensation liability turns on cause. Structural condensation; caused by inadequate ventilation, cold bridging, defective extraction fans, insufficient insulation, is the landlord's responsibility. Lifestyle condensation; caused by drying laundry indoors without ventilation, blocking airbricks, not heating rooms, may be the tenant's responsibility. Most cases involve a mixture. An RICS or PCA damp specialist can establish causation objectively.
Awaab's Law timescales for private landlords
Private landlords should now apply Awaab's Law-equivalent timescales following the Renters' Rights Act 2025:
- Acknowledge written complaint: within 14 days
- Inspect the property: within 14 days of complaint
- Provide written report and proposed remedial steps: within 14 days of inspection
- Begin works where health risk: within 7 days
- Emergency repairs (immediate risk): within 24 hours
- Lower-severity cases: within 28 days
Landlord's legal obligations
Section 11, Landlord and Tenant Act 1985 (repair of structure and heating installations), the Homes (Fitness for Human Habitation) Act 2018, and the HHSRS all impose duties on landlords where structural condensation renders the property unfit. Failure to investigate and remedy after notification exposes landlords to housing disrepair claims and rent repayment orders.