Landlord Damp and Mould UK 2026 — Awaab's Law Obligations

Awaab's Law — mandatory response timeframes for private landlords

From 1 May 2026, the following response timeframes apply to any hazard report (including damp and mould) made by a tenant in the private rented sector:

• Emergency hazard (Category 1 HHSRS): Respond within 24 hours — Category 1 damp and mould poses an immediate serious risk to health (respiratory disease, immune-compromised occupants, young children)
• Investigation of any reported hazard: Inspect within 14 days of the report — assess the extent and cause of the damp/mould
• Commencement of remedial works: Begin works within 42 days of the investigation where the cause has been identified
• Documentation: Keep timestamped records of the report, inspection, findings, remediation plan, and works carried out
• If you fail to meet the timeframes, the tenant can apply to the County Court for a remediation order, seek damages for personal injury or property damage, or notify the local authority

What causes damp and mould in rental properties?

Identifying the cause is essential — treating the symptom without fixing the cause leads to recurrence:

• Condensation: The most common form — warm, moist air contacts a cold surface and deposits water. Caused by cooking, bathing, drying clothes indoors, and inadequate ventilation. Most often found on north-facing external walls, in corners, and around window frames
• Penetrating damp: Water entering through defective building fabric — failed gutters, cracked render, failing pointing, flat roof leaks, or around window frames. Usually presents as a horizontal or localised damp patch rather than widespread mould
• Rising damp: Groundwater rising through a wall without an effective damp-proof course — typically affects ground floor walls in older solid-brick properties
• Plumbing leaks: Slow leaks from pipework behind walls or under floors — often presents as localised mould with a musty smell and soft wall surface

Your legal duties as a landlord

Multiple overlapping legal duties require landlords to address damp and mould:

• Section 11, Landlord and Tenant Act 1985: Keep the structure and exterior in repair — gutters, drains, external pipes, roof, windows. Defects in these are a common cause of penetrating damp
• HHSRS (Housing Health and Safety Rating System): Category 1 damp and mould hazards must be addressed urgently — local authorities can issue improvement notices, prohibition orders, and carry out works in default (charging the cost to the landlord)
• Awaab's Law (from 1 May 2026): Mandatory response timeframes apply to all hazard reports — no discretion to delay
• Fitness for human habitation (Section 9A, LTA 1985): Severe persistent damp and mould can render the property unfit for human habitation — giving the tenant the right to pursue damages in court

Practical remediation steps

Once the cause is identified, take the appropriate remediation action:

• Condensation/surface mould: Treat with a fungicidal wash, repaint with anti-mould paint, install or improve mechanical ventilation (PIV unit, extractor fan with humidistat, trickle vents), address cold bridge spots with insulation
• Penetrating damp: Repair the water ingress point first (gutters, repoint masonry, renew window seals, repair flat roof) — do not treat internally until the source is fixed
• Rising damp: Confirm diagnosis with a qualified surveyor — rising damp is often misdiagnosed. Treatment may require injection of a new damp-proof course and replastering
• Plumbing leak: Identify and repair the leak, allow walls to dry, treat any mould growth, and monitor for recurrence

Condensation vs structural damp — who is responsible?

The landlord is responsible for maintaining the building fabric; tenants are responsible for using the ventilation provided:

• Landlord duty: maintain the building fabric (roof, gutters, walls, windows, damp-proof course) and provide adequate ventilation provision (trickle vents, extractor fans in bathrooms and kitchens)
• Tenant responsibility: use ventilation, open windows, avoid drying laundry on radiators without ventilation, report damp promptly
• In practice: if a tenant reports mould, inspect the building first before attributing it to lifestyle — many condensation cases have a structural contributing factor (cold walls from inadequate insulation, absent trickle vents)
• Document your investigation — a surveyor's report confirming condensation as the sole cause is valuable evidence if the tenant disputes your response

Frequently asked questions