Where things stand
Awaab's Law sets legal deadlines for landlords to investigate and fix hazards such as damp and mould. It is named after Awaab Ishak, who died in 2020 aged two from a respiratory condition caused by mould in his family's social housing flat in Rochdale.
| Social housing | Private rented homes | |
|---|---|---|
| Awaab's Law | In force since October 2025, phased in by hazard type | In the Renters' Rights Act; timescales out to consultation until 18 December 2026; no start date yet |
| Decent Homes Standard | Applies now; new version from 2035 | Applies for the first time from 2035 |
| PRS Landlord Ombudsman | Housing Ombudsman already covers it | Membership expected to be required in 2028 |
Nothing in this guide that is marked as proposed is law for private landlords yet. The rules that already apply are below, and they are enough to be fined or taken to court.
What already applies today
- Repairs: section 11 of the Landlord and Tenant Act 1985 makes you keep the structure, exterior, water, gas, electrics, heating and sanitation in repair once you know about a problem.
- Fitness for human habitation: the Homes (Fitness for Human Habitation) Act 2018 lets a tenant take you to court if the home is unfit to live in, including because of serious damp.
- The Housing Health and Safety Rating System: councils inspect for 29 hazards, including damp and mould, excess cold and fire. For a category 1 hazard the council must act, and since 2026 it can fine you up to £7,000 as well as serving an improvement notice.
A tenant who reports damp is also protected from retaliatory eviction, and since 1 May 2026 you can only end a tenancy on a Section 8 ground.
The timescales being consulted on
The government's consultation uses the social housing rules as its starting point and asks whether private landlords should have the same, shorter or longer deadlines. These are the options, counted from when you become aware of a possible hazard:
| Step | Social housing today | Options for private landlords |
|---|---|---|
| Investigate a possible significant hazard | 10 working days | 5, 10 or 15 working days |
| Give the tenant a written summary of findings | 3 working days after investigating | 1, 3 or 5 working days |
| Make the home safe | 5 working days after investigating | 3, 5 or 10 working days |
| Start longer-term repair work | 5 working days, physically started within 12 weeks | 3, 5 or 10 working days |
| Emergency hazards: investigate and make safe | Within 24 hours | 12, 24 or 48 hours |
The consultation proposes covering every hazard except overcrowding, and asks whether hazards the tenant caused by breaking the tenancy should be left out. Phasing and the start date will be decided after it closes. The earliest realistic start is 2027.
Tenants would enforce the deadlines through the courts, as an implied term of the tenancy, with the power to claim compensation and an order for the work. That makes your records the evidence that decides the case.
The Decent Homes Standard from 2035
The government confirmed in January 2026 that a single, updated Decent Homes Standard will cover social and private rented homes, with councils enforcing it in the private sector from 2035. A home must meet five criteria:
- A: free of the most serious health and safety hazards;
- B: in a reasonable state of repair;
- C: reasonably modern facilities, such as a kitchen and bathroom;
- D: efficient heating and effective insulation;
- E: free from damp and mould.
A failure under criterion A brings a duty on the council to act and a fine of up to £7,000. Energy efficiency comes sooner: private lets must reach EPC band C, or have a valid exemption, by 1 October 2030.
Records that protect you
Whichever deadlines are chosen, the question in any dispute will be when you knew and what you did. Start keeping these now:
- the date and time of every report from the tenant, and how it came in;
- the date you or a contractor inspected, with photos and any moisture readings;
- what you told the tenant, and when;
- every attempt to get access, including letters, emails and missed appointments;
- contractor quotes, invoices and completion photos;
- any advice you gave the tenant on ventilation or heating, in writing.
If a tenant won't let you in, keep a record of each attempt. Never enter without agreement or a court order.
Getting ready
- Check each property now for damp, condensation and leaks, especially before winter.
- Fix the causes, not just the mould: ventilation, extractor fans, gutters, roofs and heating.
- Give tenants one clear way to report problems, and acknowledge every report in writing.
- Agree a call-out arrangement with a contractor so an emergency doesn't wait for a quote.
- Plan EPC band C work for 2030 alongside damp work: insulation and heating help both.
How LetRecord helps
LetRecord keeps each property's certificates, reports and photos in one dated record. Upload a damp survey, a contractor's invoice or a completion photo against the property, and you have a timeline ready if a tenant, council or ombudsman asks what you did and when.
Common questions
Does Awaab's Law apply to private landlords yet?
Not yet. The Renters' Rights Act 2025 extends it to private rentals, but the deadlines are still being consulted on until 18 December 2026 and no start date has been set.
When does the Decent Homes Standard apply to private rentals?
From 2035. EPC band C, which is part of the same push on standards, is due by 1 October 2030.
Is condensation mould always the landlord's problem?
Not always, but you must investigate before deciding. Most mould has a building cause, such as poor ventilation, insulation or a leak. If the tenant's use is part of it, give advice in writing and still fix anything that is yours to fix.
Can I be fined for damp and mould today?
Yes. If the council assesses a category 1 hazard it must act, and can fine you up to £7,000 as well as serving an improvement notice. A tenant can also take you to court under the Homes (Fitness for Human Habitation) Act 2018.
Official sources
This guide explains the rules in general terms and is not legal advice.
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