Awaab's Law extended to the private rented sector — what landlords must do from 1 May 2026
The Renters' Rights Act 2025 extends Awaab's Law obligations to private sector landlords. The framework as extended to the PRS requires acknowledgement within 3 working days, investigation within 14 days, and remediation within specified timescales.
- Acknowledge within 3 days: Where a tenant reports damp, mould, or another potential health hazard (in writing or orally — all reports count), the landlord must acknowledge the report within 3 working days in writing, confirming the report has been received and that the landlord will arrange an investigation
- Investigate within 14 days: The landlord must arrange and carry out an investigation within 14 days of the report to establish the cause — whether condensation damp, structural damp (penetrating or rising), or a combination. The landlord should use a qualified damp surveyor or building surveyor for a professional assessment and written report
- Provide a written explanation of findings: Following the investigation, the landlord must provide the tenant with a written explanation of the findings — what caused the damp or mould and what action will be taken to remedy it
- Emergency hazards — 24-hour response: Where the damp or mould poses an immediate emergency risk to health, the landlord must commence emergency repairs within 24 hours of the report, assessed against the HHSRS category 1 hazard criteria
- Civil penalties for breach: Local authorities can impose civil penalties of up to £30,000 per breach for failure to comply with Awaab's Law timescales in the PRS, and can also issue improvement notices under the Housing Act 2004 independently
HHSRS — the Housing Health and Safety Rating System and category 1 hazards
The Housing Health and Safety Rating System (HHSRS), introduced by the Housing Act 2004, is the primary regulatory framework by which local authorities assess hazards in residential properties. Damp and mould are among the most common category 1 HHSRS hazards.
- Category 1 hazard: A hazard scoring above a specified threshold under the HHSRS methodology. Local authorities are under a statutory duty to take enforcement action when a category 1 hazard is identified — they must serve an improvement notice, prohibition order, or hazard awareness notice. Category 1 damp and mould hazards typically involve significant visible mould growth affecting living or sleeping areas
- Category 2 hazard: A hazard below the category 1 threshold. Local authorities have a discretion (not a duty) to act on category 2 hazards. They may serve a hazard awareness notice advising the landlord of the risk
- Improvement notice: An improvement notice served under HA 2004 s.11 requires the landlord to remedy the hazard within a specified time period (minimum 28 days for commencement of works). Failure to comply is a criminal offence and a ground for a civil penalty. The landlord can appeal to the First-tier Tribunal (Property Chamber)
- Fitness for Human Habitation Act 2018: The Homes (Fitness for Human Habitation) Act 2018 amends the Landlord and Tenant Act 1985 to require all rented dwellings to be fit for human habitation throughout the tenancy. Damp and mould that make the property unfit give the tenant a right to bring civil proceedings in the County Court
Landlord's legal duties — LT Act 1985 s.11 and Defective Premises Act 1972
Separate from Awaab's Law and HHSRS, landlords have pre-existing statutory duties to repair and maintain the structure and exterior of the property. Damp and mould caused by structural defects fall squarely within these duties.
- LT Act 1985 s.11 — the landlord's repair covenant: Section 11 implies into all residential tenancies (with a term of less than 7 years) a landlord's covenant to keep in repair the structure and exterior of the dwelling (roof, walls, floors, windows, drains). Damp caused by structural defects — a failing roof, defective pointing, faulty damp-proof course, broken gutters — falls within the landlord's s.11 duty
- Tenant's reporting obligation: Under O'Brien v Robinson [1973], the landlord's s.11 liability is triggered once the tenant has given notice (or the landlord has actual knowledge) of the defect. The landlord then has a reasonable time to carry out the repair
- Defective Premises Act 1972 s.4: Where the landlord is under an obligation to repair the premises, the landlord owes a duty of care under DPA 1972 s.4 to any person who may be affected by a relevant defect — including the tenant, members of the tenant's family, and any visitor
- Condensation damp — who is responsible? Condensation damp arising from the tenant's own behaviour may not breach the s.11 structural repair duty, but the landlord should still address ventilation deficiencies (inadequate extractor fans, poor trickle ventilators) and provide guidance on ventilation
Practical compliance steps — what landlords should do when damp or mould is reported
The combined effect of Awaab's Law, HHSRS, and existing statutory duties means landlords must have a clear protocol for responding to damp and mould reports.
- Step 1 — respond within 3 working days: Send a written acknowledgement immediately on receiving the report. Confirm you have received the report and will arrange an inspection. Keep a record of the date and manner in which the report was received
- Step 2 — arrange investigation within 14 days: Instruct a qualified damp surveyor or building surveyor. A professional inspection report identifying the cause is essential for both remediation planning and as a record of the landlord's response
- Step 3 — provide written findings to the tenant: Following the inspection, write to the tenant with the findings — the cause of the damp or mould and the proposed remediation
- Step 4 — remedy within the required timescale: Commission and complete remediation works within the timescale required by Awaab's Law. Keep records of the works ordered, the contractor's start date, and the completion date
- Step 5 — follow-up inspection: After remediation, carry out a follow-up inspection to confirm the damp or mould has been resolved. Photograph the affected areas before and after remediation