Awaab's Law and Private Landlords: What's In Force Now, and How to Prepare

Awaab's Law is one of the most significant changes to housing safety standards in recent years. Named after two-year-old Awaab Ishak, who died in December 2020 from a respiratory condition caused by prolonged exposure to mould in his family's social housing flat in Rochdale, it sets strict, legally binding timescales for landlords to investigate and fix damp, mould, and other serious hazards.

The single most important thing for private landlords to understand in 2026 is a matter of timing: Awaab's Law is already in force for the social rented sector, but its extension to the private rented sector has not yet been commenced. This guide explains what already binds you as a private landlord, what the social-sector rules look like, and how to get ahead of the private-sector duties before they arrive.

Disclaimer: This guide is for information only and does not constitute legal advice. Always consult a solicitor for your specific situation.

The Status in One Paragraph

Awaab's Law began life for registered social housing providers, introduced through the Social Housing (Regulation) Act 2023 and brought into force for the social sector from 27 October 2025. The Renters' Rights Act 2025 provides for these obligations to be extended to private landlords in England — but that extension requires further regulations that have not yet been made, and the private-sector timescales remain subject to consultation. Until then, the fixed Awaab's Law timescales do not bind private landlords. What binds you now is the existing body of repairing and fitness duties described below. For the precise position, see does Awaab's Law apply to private landlords?.

What Already Binds Private Landlords on Damp and Mould

Awaab's Law is not the source of your duty to deal with damp and mould — it sharpens an obligation that already exists. Even without it, a private landlord is already legally required to keep a property free of serious hazards:

• The Homes (Fitness for Human Habitation) Act 2018 requires the property to be fit for human habitation throughout the tenancy. Serious damp and mould can make a property unfit, and a tenant can take a landlord to court directly under this Act.
• Section 11 of the Landlord and Tenant Act 1985 implies a repairing obligation into the tenancy — the landlord must keep the structure and exterior in repair and keep installations for water, heating, and sanitation working.
• The Housing Health and Safety Rating System (HHSRS), under the Housing Act 2004, lets a local authority assess hazards (including damp and mould) and take enforcement action against a private landlord now — improvement notices, prohibition orders, and civil penalties.

In other words, a private landlord who ignores reported damp and mould is already exposed. Awaab's Law compliance is part of the wider set of obligations covered in our landlord compliance checklist.

Track every maintenance deadline automatically. LetSorted timestamps a hazard report the moment a tenant raises it, and keeps a full audit trail of your response — the evidence you need to show you acted promptly, whether under existing duties now or Awaab's Law when it reaches the private sector. Manage your compliance →

Background: The Awaab Ishak Case

Awaab Ishak's family had reported mould in their flat to their housing association, Rochdale Boroughwide Housing, multiple times over a period of years. Despite repeated complaints, the mould was not adequately addressed. A coroner's inquest found that Awaab's death was caused by prolonged exposure to mould, and the housing association was criticised for failing to act.

The case drew national attention to the dangers of damp and mould in rented housing and the inadequacy of existing enforcement. Parliament responded by creating Awaab's Law, imposing legally binding timescales — beginning with the social sector.

The Social-Sector Timescales (Phase 1)

These are the rules that came into force for social landlords on 27 October 2025. They are set out here because they are the clearest indicator of the shape the private-sector duties are likely to take — but note that they apply to social landlords, and the private-sector equivalents have not yet been set.

• Emergency hazards (an imminent and serious risk to health or safety): the landlord must take action to make the situation safe within 24 hours.
• Significant damp and mould hazards: the landlord must investigate within 10 working days of becoming aware of the potential hazard.
• Written summary of findings: the landlord must provide the tenant with a written summary within 3 working days of the investigation, confirming whether a hazard was found and setting out next steps.

Phase 1 covers all emergency hazards and significant hazards relating to damp and mould. Later phases widen the scope: from 30 November 2026 the requirements extend to a broader range of HHSRS hazards, and in 2027 to the remaining HHSRS hazards (excluding overcrowding) where there is a significant risk of harm.

Which Hazards Are Involved

Damp and Mould

Damp and mould are the primary focus, and the most common serious hazards in UK rented housing. This includes:

• Penetrating damp caused by water entering through the building fabric
• Rising damp from ground moisture wicking up through walls
• Condensation damp caused by inadequate ventilation, insulation, or heating
• Mould growth of any type, whether black mould (Stachybotrys), green mould, or other varieties
• Damp patches, peeling wallpaper, and other visible signs of moisture problems

Other Serious Hazards

Beyond damp and mould, the HHSRS framework covers other conditions that pose a serious risk to health and safety, including:

• Structural defects that could cause injury
• Electrical hazards such as faulty wiring or exposed cables
• Gas safety issues including carbon monoxide risks
• Excess cold from inadequate heating or insulation — properties with poor EPC ratings are more likely to trigger this hazard
• Fire safety deficiencies affecting escape routes or fire detection
• Falls hazards from broken stairs, missing handrails, or uneven floors

The HHSRS provides the framework for assessing which hazards are sufficiently serious to warrant action, and is the basis on which a local authority can already act against a private landlord.

Investigating Damp and Mould Properly

Whatever the timescale, the substance of a good response is the same. When a tenant reports damp or mould, you should:

• Arrange an inspection of the property, with appropriate notice to the tenant
• Identify the cause, not just the symptoms
• Assess the severity of the hazard
• Determine what remedial work is needed
• Communicate your findings to the tenant in writing

For damp and mould, this often means distinguishing between condensation caused by lifestyle factors (which may require tenant guidance) and structural issues (which require building work). Even where the cause is partly tenant behaviour, you still have an obligation to ensure the property's fabric, heating, and ventilation are adequate — you cannot simply blame the tenant.

Emergency Situations

Some situations demand action regardless of which regime applies — where there is an immediate danger to the tenant's health or safety. Examples include:

• A gas leak or suspected carbon monoxide exposure
• Complete heating failure in winter
• Structural collapse or imminent risk of collapse
• An electrical hazard with risk of electrocution
• Severe water ingress making the property uninhabitable

Documentation Requirements

Proper record keeping is essential — both for existing duties now and Awaab's Law later. You should maintain records of:

Tenant Reports

• Date and time the report was received
• Method of communication (email, phone, letter, in-person)
• Details of the hazard as described by the tenant
• Any photos or evidence provided by the tenant

Your Response

• Date and copy of your acknowledgment to the tenant
• Date of investigation/inspection and its findings
• Assessment of severity and urgency
• Written communication of findings to the tenant

Remedial Work

• Date work was instructed and contractors appointed
• Scope of work, start date, and progress updates sent to the tenant
• Date of completion and follow-up inspection results
• Tenant confirmation that the issue is resolved

For recurring issues like damp and mould, document ongoing monitoring to show the problem has been properly resolved and has not returned.

Tenant Responsibilities

While the primary obligations fall on landlords, tenants also have responsibilities:

• Report hazards promptly rather than allowing them to worsen
• Provide reasonable access for inspections and remedial work
• Cooperate with remedial measures, such as allowing furniture to be moved
• Follow reasonable guidance on ventilation, heating, and condensation management
• Not deliberately cause or worsen hazardous conditions

However, a tenant's failure to report a hazard does not excuse a landlord who becomes aware of the issue through other means, such as a routine inspection.

Enforcement and Penalties (Existing Powers)

Even before Awaab's Law reaches the private sector, a local authority already has substantial powers against a private landlord who fails to deal with serious hazards, under the Housing Act 2004:

• Improvement notices requiring you to carry out specific work within a set timescale
• Prohibition orders preventing all or part of the property from being used
• Emergency prohibition orders where there is an immediate risk to health
• Civil penalties as an alternative to prosecution for certain offences
• Criminal prosecution for serious or repeated breaches

Rent Repayment Orders

Tenants may apply to the First-tier Tribunal for a rent repayment order where a landlord has committed certain housing offences, potentially requiring repayment of up to 12 months' rent.

Impact on Possession

Failure to address hazards may affect your ability to seek possession. Courts and tribunals take a landlord's compliance record into account.

Practical Steps to Get Ahead

The private-sector timescales are coming; the sensible move is to run your properties now as though they already applied.

1. Set Up a Clear Reporting Channel

Make it easy for tenants to report issues — an email address you check regularly, a phone number with voicemail, and written confirmation of how to report urgent issues out of hours. Document these channels in your tenancy agreement.

2. Respond Promptly to Every Report

Even if a report seems minor, acknowledge it quickly and in writing. Many disputes arise not from the severity of the issue but from a tenant feeling ignored.

3. Investigate Properly

Do not guess at the cause of damp or mould. Arrange a proper inspection, ideally by a qualified surveyor or specialist contractor who can identify the root cause.

4. Fix the Cause, Not Just the Symptoms

Painting over mould without addressing the underlying damp is not a fix. Resolve the hazard by tackling the root cause.

5. Keep Thorough Records

Document everything. If enforcement action is ever taken, your records are your primary defence.

6. Conduct Preventive Maintenance

The best way to stay clear of hazards is to prevent them:

• Ensure adequate ventilation in kitchens and bathrooms (extractor fans, trickle vents)
• Maintain gutters, downpipes, and external drainage
• Check roofing and flashings regularly
• Keep the heating system working efficiently
• Address condensation issues proactively

7. Educate Your Tenants

Provide clear guidance on ventilating the property, using extractor fans when cooking or bathing, not drying clothes on radiators without opening windows, and reporting issues early.

Frequently Asked Questions

Does Awaab's Law apply to private landlords yet?

Not yet. Awaab's Law is in force for the social rented sector (from 27 October 2025). The Renters' Rights Act 2025 provides for it to be extended to private landlords, but that extension has not been commenced and its private-sector timescales remain subject to consultation. In the meantime, damp and mould are already your legal responsibility under the Homes (Fitness for Human Habitation) Act 2018, section 11 of the Landlord and Tenant Act 1985, and the HHSRS — so acting promptly on hazards is already required. See does Awaab's Law apply to private landlords? for the current position.

What if the damp is caused by tenant behaviour?

Even if condensation damp is partly caused by tenant lifestyle factors — such as drying clothes on radiators or not using extractor fans — you still have an obligation to ensure the property's fabric, heating, and ventilation are adequate. You cannot simply blame the tenant. Investigate the root cause, provide guidance on ventilation, and make any necessary improvements to the property.

What are the Awaab's Law timescales for social landlords?

Under phase 1 (from 27 October 2025), social landlords must make an emergency hazard safe within 24 hours, investigate a potential significant damp-and-mould hazard within 10 working days, and provide the tenant with a written summary of findings within 3 working days of that investigation. These are the social-sector rules; the equivalent private-sector timescales have not yet been set.

Conclusion

Awaab's Law represents a fundamental shift in the standards expected of landlords on property safety. For private landlords the fixed timescales are not yet in force — but the underlying duty to deal with damp, mould, and other serious hazards already exists, and the direction of travel is clear. The landlords who will find the transition painless are those who already respond promptly, investigate root causes, and document everything.

LetSorted's maintenance tracking timestamps every hazard report and keeps a full audit trail of your response, giving you the documentation you need to demonstrate you acted — under today's duties, and under Awaab's Law when it reaches the private sector.

This guide is for information only and does not constitute legal advice.