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Damp and mould: what landlords are legally required to do right now

The law that already applies today, what's genuinely changing under Awaab's Law, and how to stay ahead of it rather than catching up later.

The law that already applies

This isn't a maintenance nuisance — it's a legal obligation today

Damp and mould gets talked about as a new issue because of recent news coverage, but a landlord's legal duty around it isn't new or pending — it's already real, right now, under existing law. Treating a damp or mould report as routine maintenance rather than a genuine legal exposure is exactly how a landlord ends up on the wrong side of a Fitness for Human Habitation claim or a council enforcement notice.

What's already the law, today

No new legislation needed for any of this

The Homes (Fitness for Human Habitation) Act 2018

An implied term in nearly every tenancy that the property has to be fit to live in, for the whole tenancy, not just at the start. Serious damp or mould can breach this on its own, and a tenant can take a landlord to court over it directly, without needing the council involved at all.

HHSRS — Category 1 hazard

Councils assess damp and mould under the Housing Health and Safety Rating System. A serious case can be rated a Category 1 hazard — the most serious tier — which gives the council real enforcement powers: improvement notices, and in serious cases, prohibition orders stopping the property being let at all.

It's about investigating, not just reacting

The existing legal standard isn't "fix it once asked twice." A landlord who dismisses a report as a tenant simply not ventilating enough, without actually investigating the underlying cause, is already exposed under the law as it stands today.

What's genuinely changing — Awaab's Law

Already law for social housing; not yet for private landlords

Already in force — for social housing only

Awaab's Law has applied to social housing since 27 October 2025, with strict timeframes: 24 hours to investigate and make an emergency hazard safe, 10 working days to investigate a significant damp or mould hazard, and 5 working days to complete the repair once identified.

Not yet in force for private landlords

As of now, Awaab's Law does not apply to the private rented sector. The government opened a consultation on extending it to private landlords on 8 October 2026, closing 18 December 2026 — commencement isn't expected before 2027 at the earliest. Anyone telling you it already applies to a private tenancy today is wrong.

Worth preparing for now, regardless

The social housing timeframes are the clearest signal of what a private-sector version would likely require. A landlord who's already investigating and fixing promptly, under the law that already applies, won't need to change much when it does land.

What a landlord should actually do

Starting now, not once it's mandatory

Investigate every report, properly

A genuine inspection, not an assumption about the tenant's lifestyle — damp and mould usually has a real, fixable cause (ventilation, a leak, a building defect), and finding it is the actual job, not just treating the surface mould.

Keep a real record

When it was reported, when it was inspected, what was found, and what was done — this is exactly the evidence that protects a landlord who has genuinely acted properly.

Fix the cause, not just the symptom

Mould removal without addressing why it's there (poor ventilation, a leak, cold-bridging) means it comes straight back — and looks, to a court or a council, like the problem was never actually taken seriously.

If RENTL manages your property, every repair report — damp and mould included — goes through the same tracked process as any other repair, from the first report to it being resolved, not a separate informal conversation that leaves no record.
This page is a plain-English summary for general information, and not legal advice. If you're dealing with a specific tenancy dispute, get advice from a suitably qualified and experienced solicitor.

Questions about your own tenancy or property?