Awaab’s Law does not yet apply to private landlords. It currently covers social landlords in England only. The Renters’ Rights Act 2025 gives the government power to extend it to the private rented sector, but no start date has been confirmed. In the meantime, private landlords already have legal duties to deal with damp, mould and other hazards, and councils now have stronger enforcement powers. This guide explains what Awaab’s Law means for private landlords today, the duties that already apply and how to prepare.
This is general information, not legal advice. If you are dealing with a specific complaint or claim, take professional advice.
Does Awaab’s Law apply to private landlords?
Not at the moment. Awaab’s Law came into force on 27 October 2025 for social landlords in England: local authorities and housing associations. It requires them to investigate and fix damp and mould and emergency hazards within fixed deadlines, with more hazards being added in phases. For the full background, read what is Awaab’s Law, and for the social sector dates see the Awaab’s Law timeline.
What the Renters’ Rights Act 2025 changes
The Renters’ Rights Act 2025 contains powers to apply Awaab’s Law, and a Decent Homes Standard, to privately rented homes. These powers need secondary legislation before they take effect. For Awaab’s Law, at the time of writing (September 2026), no start date has been confirmed. Commentators expect 2027 at the earliest.
For the Decent Homes Standard, the government has confirmed in its policy statement that a new standard, which requires homes to be free from damp and mould, will apply to both social and privately rented homes. Landlords will be required to meet it by 2035 at the latest.
When the regulations are published, the detail may differ from the social housing rules. It would be sensible to assume that fixed timescales for investigating and fixing serious hazards will apply in some form, but do not rely on any particular deadline until the government confirms it.
Duties that already apply to private landlords
Awaab’s Law is new, but the obligation to keep rented homes free of serious hazards is not. Private landlords in England are already bound by the following.
The Housing Health and Safety Rating System (HHSRS)
The HHSRS, under Part 1 of the Housing Act 2004, is how councils assess risks to health and safety in homes. Damp and mould is one of the listed hazards. If a council finds a Category 1 hazard, it must take action. For Category 2 hazards it has a power to act.
The system was revised from 23 June 2026, reducing the number of hazards from 29 to 21. Our guide to the HHSRS damp and mould hazard explains how assessments work.
Stronger council enforcement
According to the government’s HHSRS landlord and agent guide:
- councils can impose a civil penalty of up to £7,000 when first taking action on a Category 1 hazard in qualifying residential premises, where it would have been reasonably practicable for the landlord to remove the hazard (a power introduced through the Renters’ Rights Act)
- the maximum civil penalty for failing to comply with an improvement notice is £40,000 for offences committed on or after 1 May 2026 (£30,000 before that date)
Councils can also serve hazard awareness notices, improvement notices and prohibition orders, or take emergency action.
Section 11 of the Landlord and Tenant Act 1985
For most shorter residential tenancies, section 11 requires the landlord to keep the structure and exterior in repair, and to keep the installations for water, gas, electricity, sanitation, space heating and hot water in repair and proper working order. Many damp problems come from failures here, such as leaking roofs, defective gutters, cracked render or broken heating.
The Homes (Fitness for Human Habitation) Act 2018
This Act added section 9A to the Landlord and Tenant Act 1985. It requires rented homes to be fit for human habitation at the start of the tenancy and throughout it. Serious damp and mould can make a home unfit. Tenants can take their landlord to court, and the court can order works and compensation.
Housing disrepair claims
Tenants can bring claims for disrepair, often supported by expert evidence. If you are facing a claim, an independent housing disrepair survey helps establish the facts.
How private landlords can prepare now
The best preparation for Awaab’s Law is to manage damp and mould as if it already applied. These steps also reduce your risk under existing law.
1. Set up a clear reporting route
Give tenants one simple way to report damp, mould and other problems. Record the date each report arrives. If Awaab’s Law is extended, deadlines are likely to run from when you become aware of a hazard.
2. Respond promptly and proportionately
Do not wait for a problem to get worse. Where the household includes young children, older people or anyone with a respiratory condition, act faster. Keep the tenant informed about what will happen and when.
3. Diagnose the cause of the damp
Wiping or painting over mould rarely solves the problem. Damp can come from leaks, penetrating damp, rising damp or condensation, and often a mix. Our guide to types of damp explains the differences. A proper investigation looks at the building fabric, ventilation, heating and how the home is used.
4. Avoid blaming the tenant’s lifestyle
Government guidance on the health risks of damp and mould applies to private and social landlords. It is clear that blaming damp and mould on tenants’ “lifestyle choices” is unreasonable: cooking, bathing and drying laundry are normal activities, and the underlying causes are usually building defects, inadequate ventilation or heating, or poor energy efficiency. Practical advice on ventilation and heating is helpful, but it should support repairs, not replace them.
5. Check ventilation, heating and insulation
Working extract fans in kitchens and bathrooms, trickle vents, adequate heating and insulation all reduce condensation risk. Test them at the start of each tenancy and during inspections.
6. Inspect regularly
Periodic inspections help you catch leaks, blocked gutters, failed seals and early mould before they become hazards. Note the condition of each room and take dated photographs.
7. Keep good records
Record reports, inspections, findings, works and communication with tenants. Records show you acted reasonably if a council, tribunal or court looks at the case later.
8. Get an independent survey for persistent problems
If damp keeps coming back, or you are unsure of the cause, commission an independent survey from a chartered surveyor who has no treatments to sell.
How Lansdown Associates can help
Lansdown Associates is an RICS regulated building consultancy. Our Chartered Surveyors carry out damp and mould surveys for private landlords, letting agents and portfolio owners. We use moisture meters, thermal imaging and temperature, relative humidity and dew point readings, and where needed calcium carbide testing and salt analysis. You receive a written report with photographs, a risk rating and prioritised recommendations, and we can return to verify that repairs have worked.
If you are a social landlord, see our Awaab’s Law surveys. We also provide independent damp surveys for owners and buyers.
Call 0151 374 0905 or email office@lansdownassociates.co.uk (Monday to Friday, 09:00 to 17:00).
Frequently asked questions
Do private landlords have to follow Awaab’s Law?
Not yet. It applies to social landlords in England. The Renters’ Rights Act 2025 allows it to be extended to private landlords, but no date has been confirmed.
Can a council fine me for damp and mould now?
Yes, if the council assesses a Category 1 hazard under the HHSRS. It can impose a civil penalty of up to £7,000 when first taking action, and up to £40,000 for failing to comply with an improvement notice for offences from 1 May 2026.
Should I wait until Awaab’s Law applies before acting on damp?
No. Existing law already requires you to deal with serious damp and mould, and acting early usually costs less than dealing with a council notice or a disrepair claim.
Does Awaab’s Law apply to letting agents?
The duties fall on landlords, but agents who manage properties are often the first to hear about problems. Agreeing a clear reporting and response process with your agent is good practice.
