Landlords Beware: New Legal Duties on Mould & Damp in Rental Properties

Why This Matters

In recent years, problems with damp and mould in rental properties have moved from being “an annoyance” to being a legal and health crisis. The tragic death of two‑year‑old Awaab Ishak in 2020 — whose health was destroyed by prolonged exposure to mould in his social housing home — has become a catalyst for change.

From October 2025, new laws (often referred to as Awaab’s Law) will impose strict obligations on social landlords to investigate and fix dangerous mould and damp issues within defined timeframes.

And while these new obligations start with social housing, private landlords are already facing increased scrutiny and guidance.

If you’re a landlord—or thinking of becoming one—you need to be aware of these developments.

What Exactly Is Changing?

1. Awaab’s Law: Phase 1 (From 27 October 2025)

• Social landlords (councils, housing associations, etc.) must act on reported damp or mould hazards that present a serious risk to health, following strict time limits.

• Emergency hazards must be fixed within 24 hours.

• Landlords will be required to investigate issues promptly, begin repairs, and justify any unavoidable delays.

• In 2026, the law will broaden to cover other housing hazards (e.g. excess cold, electrical hazards, structural risk, hygiene issues) in social housing.

• By 2027, the law aims to extend to all remaining hazards under the Housing Health & Safety Rating System (HHSRS), except overcrowding.

2. Private Sector & Guidance Already Tightening

• Even before Awaab’s Law formally extends, new government guidance holds private landlords more accountable for damp and mould issues.

• The guidance emphasises that damp and mould are not simply the result of “tenant lifestyle choices”, but often stem from structural defects, ventilation issues, insulation failures, or leaks.

• Private landlords could face unlimited penalties (or at least higher risk of legal or regulatory action) if they fail to address serious mould/damp hazards.

• When the Renters’ Rights Bill is implemented, many of Awaab’s Law provisions are expected to be extended to private landlords.

What Landlords Need to Do Now: Checklist & Best Practices

Below is a proactive checklist to ensure you're ahead of the curve and compliant with evolving obligations:

Action	Why It’s Important	Suggested Timeline
Audit current properties for mould / damp risk	You can’t fix what you don’t know. Identify weak spots (e.g. around windows, roofs, plumbing) now.	ASAP
Respond promptly to tenant complaints	Under upcoming laws, you’ll have no excuse for sluggish or dismissive responses.	Immediately
Use inspections and monitoring	Periodic checks can detect early signs before they become serious hazards.	Quarterly or more often
Document all investigations, communications & repairs	Clear records will protect you if disputes arise.	For every reported issue
Remedy structural or ventilation defects	Many mould problems stem from walls, insulation, leaks, or poor airflow. Fix root causes, not just surface mould.	As needed
Train staff / contractors	Make sure your team understands the new standards and the seriousness of mould hazards.	Before October 2025
Stay updated on the Renters' Rights Bill	When private sector rules expand, your current practice will be tested.	Continuous

What Tenants & Landlords Should Know About Liability

• Under the Housing Act 2004 and the Housing Health & Safety Rating System (HHSRS), mould and damp can count as Category 1 hazards (i.e. serious risks to health). Landlords have duties to ensure their properties are free from such hazards.

• The Homes (Fitness for Human Habitation) Act 2018 strengthened landlord obligations: properties must be free from hazards (including damp/mould) that make the dwelling unfit for habitation.

• The Defective Premises Act 1972 also provides potential liability for landlords / builders who allow dangerous defects to persist.

• In practice, many landlords attempt to blame tenants (e.g. from drying clothes indoors, lack of ventilation). But under newer guidance, landlords are being told not to dismiss mould problems as simply tenant behaviour.

• Tenants may be entitled to compensation or legal redress if landlords fail to act. Local councils, environmental health, or tribunals may intervene.

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Challenges & Potential Pitfalls

• Defining “dangerous” mould / damp – Not every patch of mould will be classified as a serious hazard. Landlords need good criteria and professional judgment.

• Resource and cost burdens – Retrofitting old buildings, improving ventilation, insulation or structure can be expensive.

• Scaling for portfolios – For landlords with multiple properties, establishing consistent processes will be key.

• Tenant co‑operation – While landlords must take responsibility, tenants also need to follow basic practices (ventilation, heating, avoiding excessive indoor drying).

• Legal / enforcement uncertainty – Because these laws are new and phased, there may initially be ambiguity in exactly how compliance will be judged.

If you’re a landlord or property manager and want help assessing your properties or updating your compliance processes, contact us today for a free audit / consultation.