Damp and Mould in Rental Property UK 2026 — Awaab's Law, Landlord Duties, and HHSRS

Awaab's Law extended to the private rented sector — what landlords must do from 1 May 2026

The Renters' Rights Act 2025 inserts provisions extending Awaab's Law obligations to private sector landlords. The specific timescales are set in secondary legislation made under the Act. The framework as extended to the PRS requires:

• 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. Acknowledgement should be 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. The investigation must establish the cause of the damp or mould — whether it is condensation damp (lifestyle-related or inadequate ventilation), structural damp (penetrating damp from roof, walls, or windows; rising damp from the ground), 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. Where the cause is tenant-related (condensation damp caused by insufficient ventilation or heating), the landlord should explain this clearly but still take reasonable steps to improve ventilation or address structural contributors
• Emergency hazards — 24-hour response: Where the damp or mould poses an immediate emergency risk to health (for example, severe mould affecting a child's sleeping area or a vulnerable occupant), the landlord must commence emergency repairs within 24 hours of the report. What constitutes an emergency hazard is 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. This is the same penalty regime as other RRA 2025 enforcement. Local authorities can also issue improvement notices under the Housing Act 2004 independently of the Awaab's Law timescales

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, or damp penetration causing structural deterioration
• 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 with an improvement notice is a criminal offence and a ground for a civil penalty. The landlord can appeal the improvement notice to the First-tier Tribunal (Property Chamber)
• HHSRS inspection rights: Local authorities can inspect residential properties to assess HHSRS hazards, either on a complaint from a tenant or on their own initiative. A landlord cannot prevent an authorised officer from inspecting under the Housing Act 2004. Keep the property in good condition and respond to tenant reports promptly — this reduces the risk of local authority involvement
• 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 for habitation give the tenant a right to bring civil proceedings in the County Court for damages and an injunction to require remediation — independently of any local authority action

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: The Landlord and Tenant Act 1985 s.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); and to keep in repair and proper working order the installations for space heating, water heating, and sanitation. 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 the common law rule in 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 causing the disrepair. The landlord then has a reasonable time to carry out the repair. If the tenant does not report the defect, the landlord is not in breach until they have actual or constructive knowledge
• Defective Premises Act 1972 s.4: Where the landlord is under an obligation to repair the premises (e.g. under s.11 LT Act 1985), the landlord owes a duty of care under DPA 1972 s.4 to any person who may be affected by a relevant defect in the state of the premises — including the tenant, members of the tenant's family, and any visitor. A relevant defect is one arising from failure to carry out the obligation to repair. Where damp or mould causes personal injury (respiratory illness, as in Awaab's case) due to a structural defect the landlord failed to repair after notice, the landlord may be liable in tort under s.4 DPA 1972
• Condensation damp — who is responsible? Condensation damp arises from moisture in the air condensing on cold surfaces — typically caused by insufficient heating, poor ventilation, or lifestyle factors (cooking, bathing without ventilation). Where condensation damp results from the tenant's own behaviour, the landlord may not be in breach of the s.11 duty (as it is not a structural defect). However, the landlord should still address ventilation deficiencies (inadequate extractor fans, poor trickle ventilators) and provide written guidance on ventilation. Local authorities assess condensation under HHSRS as a potential hazard even where its cause is partly tenant behaviour

Practical compliance steps — what landlords should do when damp or mould is reported

The combined effect of Awaab's Law, HHSRS, and the existing statutory duties means landlords must have a clear protocol for responding to damp and mould reports. Taking the following steps will demonstrate compliance and protect the landlord from civil penalties and civil claims:

• Step 1 — respond within 3 working days: Send a written acknowledgement immediately on receiving the report (by email or letter). 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 (condensation, penetrating damp, rising damp, or a combination) is essential for both remediation planning and as a record of the landlord's response. Do not attempt to assess the cause yourself without professional expertise
• 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. If the cause is wholly or partly condensation, explain what ventilation improvements will be made and provide guidance on ventilation best practice (without attempting to blame the tenant in a way that could be seen as harassment)
• Step 4 — remedy within the required timescale: Commission and complete remediation works within the timescale required by Awaab's Law (for emergency hazards: commence within 24 hours; for non-emergency hazards: within the timescale set by the secondary legislation). 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. If the tenant subsequently reports recurrence, repeat the process from Step 1

Frequently asked questions