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Landlord damp and mould duties, and Awaab's Law

Damp and mould in rented homes is now treated as a serious health hazard, and the law has moved to match. This guide summarises, in general terms, what landlords in England need to know: Awaab's Law for social housing, the duties that already apply to private landlords, and the practical steps that keep tenants safe and landlords compliant. It is not legal advice, and the rules are being extended in stages, so always check current government guidance.

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What Awaab's Law is

Awaab's Law is named after Awaab Ishak, a two year old who died in 2020 after prolonged exposure to mould in his family's social housing flat in Rochdale. It was introduced through the Social Housing (Regulation) Act 2023, and its first requirements came into force for social landlords in England in October 2025.

It requires social landlords to investigate reported damp and mould hazards, and other serious hazards, within fixed timescales, to tell tenants in writing what they found, and to carry out repairs within set periods. Emergency hazards must be dealt with within 24 hours. The government has said it will extend the requirements to further types of hazard in stages, so the scope is widening.

What applies to private landlords

Awaab's Law itself currently applies to social housing. The government has legislated to allow similar requirements to be applied to privately rented homes, with the detail and timing to follow in further regulations. Private landlords should expect comparable expectations to arrive and plan for them now.

Private landlords already have duties. Damp and mould growth is one of the hazards assessed under the Housing Health and Safety Rating System, and councils can require landlords to deal with serious hazards. Tenancies in England are also covered by the requirement that homes are fit for human habitation, which tenants can enforce. Licensing schemes for houses in multiple occupation add their own conditions.

What good practice looks like

Most disputes about mould are disputes about cause. A landlord who blames the tenant's lifestyle without investigating, or a tenant who assumes the building is at fault without evidence, both risk getting it wrong.

  • Respond to every damp or mould report promptly and in writing
  • Investigate the cause, not just the symptom: condensation, a leak, penetrating rain and rising damp need different fixes
  • Deal with building defects that make walls cold or wet, such as failed extraction, leaking gutters or bridged damp proof courses
  • Make sure kitchens and bathrooms have extraction that works and is ducted to outside
  • Give tenants clear, practical advice on ventilation and heating, without using it to avoid fixing defects
  • Keep records of reports, inspections, findings and repairs

How an independent survey helps

Our survey measures the cause: moisture readings across walls, humidity and surface temperatures, extraction performance, and an external inspection. The report separates building defects from condensation driven by how the home is used, and sets out what the landlord should fix and in what order. Because DampScan carries out no remedial work, the report has no interest in the outcome, which makes it useful to landlords, tenants and agents alike.

For portfolios, we can survey several properties and produce consistent reports, which helps agents show that each report of damp has been properly investigated.

Questions

Does Awaab's Law apply to my private rental in Kent?

Awaab's Law currently applies to social landlords. The government has legislated to extend similar requirements to private renting through further regulations, so check current guidance. Private landlords already have duties under housing health and safety rules and the fitness for habitation requirement.

Is mould always the landlord's responsibility?

Not always, but landlords must investigate and deal with any building defect that contributes. Condensation driven entirely by how a home is used is less common than people think; cold walls, poor extraction and leaks usually play a part.

How quickly should I respond to a damp report?

Promptly and in writing. Social landlords now have fixed timescales; private landlords should act quickly too, both for tenants' health and because delays weigh against a landlord if a council or court becomes involved.

Will your report stand up if a tenant complains to the council?

It is an independent record of cause and condition, with readings and photographs. That is the kind of evidence councils and courts expect to see.

Do you advise tenants as well as landlords?

Yes. Tenants commission surveys too, usually when they want an independent account of the cause.

Is this legal advice?

No. It is a general summary. For advice on a specific case, speak to a solicitor or your local council's private sector housing team.

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