Damp Mould Landlord UK 2026, Awaab's Law Private Rental, HHSRS, Landlord Duties

Written and reviewed byRichard Wood· Founder, LetSafe UKLast reviewed: 2 September 2026

Awaab's Law takes its name from Awaab Ishak, a two-year-old who died in December 2020 from a respiratory condition caused by prolonged exposure to black mould in a social housing flat in Rochdale. His death prompted a public inquiry and legislative action. The Social Housing (Regulation) Act 2023 introduced Awaab's Law for social housing landlords, requiring investigation and remedy of reported hazards within statutory timescales. The Renters' Rights Act 2025 is expected to extend these obligations to private landlords, date to be confirmed by secondary legislation.

For private landlords, the most important practical change is the introduction of mandatory investigation timescales. Previously, a private landlord who received a report of damp or mould and failed to act promptly could face a civil disrepair claim, an HHSRS improvement notice, or a Fitness for Human Habitation claim, but there was no specific statutory deadline for response. A PRS version of Awaab's Law would create that statutory deadline. The penalty regime for the PRS has not yet been set; the Renters' Rights Act 2025 enforcement framework generally provides for civil penalties of up to £7,000, or up to £40,000 for the most serious breaches.

Awaab's Law expected to extend to the private rented sector, date to be confirmed by secondary legislation

The Renters' Rights Act 2025 provides the power to extend Awaab's Law obligations to private sector landlords as Phase 3 of the reforms. The consultation is pending and no commencement date has been set. The timescales below are those in force for social landlords since 27 October 2025; a PRS version is likely to follow a similar shape but may differ:

Investigate within 10 working days: A significant damp and mould hazard must be investigated within 10 working days of the landlord becoming aware of it. The investigation must establish the cause, 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. Use a qualified damp surveyor or building surveyor for a professional assessment and written report
Written summary within 3 working days of the investigation concluding: The landlord must provide the tenant with a written summary of the investigation 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
Make safe within 5 working days: Where the investigation identifies a significant hazard, the property must be made safe within 5 working days of the investigation concluding, with any supplementary works started within 12 weeks
Emergency hazards, 24-hour response: Where the damp or mould poses an imminent and significant risk to health (for example, severe mould affecting a child's sleeping area or a vulnerable occupant), the hazard must be investigated and made safe within 24 hours
Penalties: No PRS penalty regime exists yet, it will be set when the extension is commenced. The Renters' Rights Act 2025 enforcement framework generally provides for civil penalties of up to £7,000, or up to £40,000 for the most serious breaches. In the meantime, local authorities can issue improvement notices under the Housing Act 2004 independently of Awaab's Law

HHSRS, the Housing Health and Safety Rating System and High 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 High HHSRS hazards (SI 2026/571, in force 23 June 2026):

High hazard: A hazard rated High under the revised HHSRS (SI 2026/571). Local authorities are under a statutory duty to take enforcement action when a High hazard is identified, they must serve an improvement notice, prohibition order, or hazard awareness notice. High damp and mould hazards typically involve significant visible mould growth affecting living or sleeping areas, or damp penetration causing structural deterioration
Medium or Low hazard: A hazard rated below the High threshold. Local authorities have a discretion (not a duty) to act on Medium or Low 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, acknowledge promptly in writing: 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 10 working days: Instruct a qualified damp surveyor or building surveyor, matching the social sector Awaab's Law timescale is sound practice ahead of any PRS extension. 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 without delay: Commission remediation promptly. Under the social sector Awaab's Law model, emergencies are made safe within 24 hours, significant hazards within 5 working days of the investigation concluding, and supplementary works started within 12 weeks. 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

What is Awaab's Law and does it apply to private landlords?+

Awaab's Law was introduced by the Social Housing (Regulation) Act 2023 and has applied to social landlords since 27 October 2025, requiring investigation and remedy of emergency hazards and significant damp and mould within statutory timescales: investigation within 10 working days, a written summary within 3 working days of the investigation concluding, the property made safe within 5 working days, supplementary works started within 12 weeks, and emergencies dealt with within 24 hours. It does not apply to private landlords yet. The Renters' Rights Act 2025 provides for a Phase 3 extension to the private rented sector; the consultation is pending, no date has been set, and no PRS penalty regime exists yet.

What is the landlord's legal duty regarding damp and mould?+

A landlord has a statutory duty under the Landlord and Tenant Act 1985 s.11 to keep the structure and exterior of the property in repair. Damp caused by structural defects (failing roof, defective pointing, broken gutters, defective damp-proof course) falls within this duty once the tenant has notified the landlord. The Defective Premises Act 1972 s.4 imposes a duty of care for personal injury caused by such defects. Separately, damp and mould hazards rated High under the revised HHSRS trigger local authority enforcement.

Who is responsible for condensation damp, the landlord or the tenant?+

Condensation damp arises from insufficient ventilation or heating. Where it results from the tenant's behaviour (not ventilating the property, drying clothes indoors), the landlord may not be in breach of the s.11 structural repair duty. However, where ventilation infrastructure is inadequate (broken extractor fans, poor trickle ventilators), the landlord should remedy those deficiencies. Once a PRS version of Awaab's Law is in force it will require investigation and written findings regardless of the cause, and responding that way is already best practice, even if the conclusion is that the cause is condensation rather than structural.

What civil penalty can a landlord face for failing to address damp and mould?+

There is no Awaab's Law penalty regime for private landlords yet, it will be set when the PRS extension is commenced. The Renters' Rights Act 2025 enforcement framework generally provides for civil penalties of up to £7,000, or up to £40,000 for the most serious breaches. Today, local authorities can serve improvement notices under the Housing Act 2004 HHSRS framework (failure to comply is an offence that can attract a civil penalty), and tenants can bring civil disrepair claims under the Homes (Fitness for Human Habitation) Act 2018.

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