In December 2020, two-year-old Awaab Ishak died in Rochdale from a respiratory condition caused by chronic black mould in his family's social housing flat. The inquest found that the housing association had repeatedly failed to adequately address the family's complaints about the mould. His death prompted a wave of legislative change, and the law that bears his name is now coming for private landlords.
The Renters' Rights Act 2025 extends Awaab's Law to the private rented sector. Secondary legislation will set the specific timescales, but the direction of travel is clear: London landlords will be legally required to investigate and remediate damp, mould, and other housing hazards within defined timeframes — or face significant consequences.
What Awaab's Law currently requires — the social housing version
The Social Housing (Regulation) Act 2023 introduced Awaab's Law for registered social landlords, requiring them to:
- Investigate emergency hazards within 24 hours of a complaint
- Begin emergency repairs within 24 hours of an investigation that identifies an emergency hazard
- Complete all repairs to fix emergency hazards within 7 days
- Investigate non-emergency hazards within 14 days of a complaint
- Begin non-emergency repair work within 7 days of completing the investigation
- Complete all non-emergency repairs within a reasonable period
These timescales were set by secondary legislation under the 2023 Act and have been in force for social landlords since October 2025. The Renters' Rights Act 2025 grants the government the same power to impose timescales on private landlords through secondary legislation.
The private sector timescales have not yet been confirmed. The most likely scenario is that they will mirror or closely follow the social housing requirements. Private landlords should plan on that basis.
Why damp and mould is a London-specific problem
London's private rented sector has a damp and mould problem that is more acute than most of England. The concentration of Victorian and Edwardian housing stock — with solid walls, poor ventilation, and limited insulation — creates conditions where condensation and penetrating damp are common. High occupancy in HMOs generates moisture from cooking, bathing, and breathing that old ventilation systems cannot adequately remove.
The English Housing Survey has consistently found that damp affects a higher proportion of private rented properties than any other tenure type. In London, where rents are high and tenants often cannot afford to heat their homes adequately, condensation damp is endemic in older properties.
The legal framework has always required landlords to maintain properties in a state fit for habitation. What Awaab's Law adds is urgency and enforceability — a specific timeline within which action must be taken, and consequences for inaction that go beyond the current HHSRS enforcement framework.
The difference between condensation damp and structural damp
One of the most contested areas in landlord-tenant disputes about mould is causation. Landlords often attribute mould to tenant behaviour — failing to ventilate rooms, drying clothes indoors, not heating the property adequately. Tenants attribute it to the property's construction. Both can be correct.
The practical and legal reality is this: regardless of the cause, the landlord has an obligation to investigate and identify it. Simply telling a tenant that the mould is their fault does not discharge the obligation.
Condensation damp — caused by moisture in the air condensing on cold surfaces — can often be reduced through improved ventilation (extractor fans in kitchens and bathrooms, trickle vents in windows) and better insulation. It is genuinely worsened by tenant behaviour. But if the property has inadequate ventilation by design, the solution is a physical improvement to the property, not advice to the tenant to open windows more.
Penetrating damp — caused by water entering through walls, roofs, or around windows — is entirely structural and the landlord's responsibility to fix. Rising damp, caused by groundwater entering through the walls or floor from below, is similarly structural.
When a tenant reports mould, the starting point must be an investigation to determine the cause. Commissioning a damp survey from a qualified specialist is the appropriate response to persistent or widespread mould. The cost of a survey (typically £200–£500) is trivially small compared to the cost of a disrepair claim or enforcement action.
What to do right now — a practical response protocol
London landlords should establish a clear written process for responding to damp and mould reports before the private sector timescales are confirmed. Building good habits now is cheaper than retrofitting a process under legal pressure.
When a tenant reports damp or mould:
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Acknowledge in writing within 24 hours. Send an email or WhatsApp message confirming you have received the report and that you are investigating. Keep a copy.
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Inspect within 72 hours for non-emergency reports. Visit the property and assess the extent and likely cause of the problem. Take photographs. If the mould is extensive or if there are signs of structural penetrating damp, commission a damp survey immediately.
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Identify the cause. Is it condensation (cold surfaces, inadequate ventilation), penetrating damp (water entering from outside), rising damp (groundwater), or a leaking pipe? The cause determines the solution.
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Commission works promptly. For structural causes — a leaking roof, cracked render, failed window seals — commission repair works within 7 days of identifying the cause. For ventilation-related condensation, arrange for extractor fans to be installed or upgraded.
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Follow up after remediation. Revisit the property (or require the tenant to send photographs) 4–6 weeks after remediation to confirm the mould has not returned.
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Document everything. The inspection report, the survey, the works commissioned, the invoices, and the follow-up are all your evidence if the matter is ever disputed.
The HHSRS enforcement powers being strengthened
Awaab's Law sits within a broader strengthening of local council enforcement powers under the Renters' Rights Act 2025. Councils now have enhanced powers to issue Improvement Notices, Hazard Awareness Notices, and Prohibition Orders against private landlords who allow properties to remain in disrepair.
Critically, the Act allows councils to recover their enforcement costs from landlords, making it financially viable for even under-resourced councils to pursue action. London councils — particularly in areas with large private rented sectors like Newham, Tower Hamlets, Lewisham, and Hackney — have historically been limited by budget constraints. The new cost recovery provisions change this.
Landlords who respond promptly to damp and mould complaints are unlikely to face council enforcement action. Those who ignore or dismiss complaints repeatedly will find themselves subject to formal notices, Rent Repayment Orders, and potentially prosecution.
The connection to your compliance certificates
Damp and mould are separate issues from your EICR and gas safety certificates, but they sit within the same framework of property management obligations. A landlord who keeps all their safety certificates current, responds promptly to repair requests, and maintains proper documentation is demonstrating the kind of professional property management that the regulatory framework is designed to reward.
A landlord who lets certificates lapse, ignores maintenance requests, and does not keep adequate records is the target of the new enforcement regime — and Awaab's Law is one more tool in that enforcement toolkit.
If you need to book any compliance certificates for your London properties, book online or call 020 3996 1070. We cover all 33 London boroughs with next-day appointments.
Frequently Asked Questions
- What is Awaab's Law?
- Awaab's Law is named after Awaab Ishak, a two-year-old boy who died in December 2020 from a respiratory condition caused by mould in his social housing flat in Rochdale. The law was introduced in the Social Housing (Regulation) Act 2023 and requires social landlords to investigate and remediate hazards within defined timescales. The Renters' Rights Act 2025 is extending similar obligations to private landlords.
- Does Awaab's Law apply to private landlords?
- The Renters' Rights Act 2025 extends Awaab's Law principles to the private rented sector. The exact timescales for private landlords will be set by secondary legislation. The Act gives the government the power to define response timescales, and private landlords should expect to be subject to requirements similar to those already in force for social landlords.
- What counts as an emergency hazard under Awaab's Law?
- Emergency hazards are those that pose an immediate risk to health or safety — including severe damp and mould, structural defects, dangerous gas appliances, broken heating in winter, or flooding. Under the social housing version of the law, emergency hazards must be investigated within 24 hours of a complaint.
- What should I do if a tenant reports damp or mould?
- Respond in writing to acknowledge the report. Arrange an inspection as soon as possible. If the cause is structural (roof leak, poor ventilation, penetrating damp), commission professional remediation promptly. Document everything — your inspection, the cause identified, the work commissioned, and the timeline. Do not dismiss damp reports as 'tenant lifestyle' issues without investigation.
- What is the HHSRS and how does it relate to damp and mould?
- The Housing Health and Safety Rating System (HHSRS) is the framework councils use to assess housing hazards. Damp and mould growth is one of the 29 hazard categories. Local councils can serve Improvement Notices, Prohibition Orders, or Hazard Awareness Notices under the HHSRS. The Renters' Rights Act strengthens councils' enforcement powers significantly.
- Can a tenant take me to court over damp and mould?
- Yes. Tenants can apply to the First-tier Tribunal (Property Chamber) for an order requiring the landlord to carry out works, and can claim damages for disrepair including the impact on health. Legal costs can be significant. Prompt response to damp and mould reports is both a legal and practical obligation.
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About the author
My Landlord Certificate
This guide was written and fact-checked by the My Landlord Certificate compliance team and reviewed against current UK legislation by our NICEIC-approved, NAPIT-registered, Gas Safe registered, accredited DEA and NEBOSH-qualified engineers. We help landlords across all 33 London boroughs stay compliant with fixed-price EICR, Gas Safety (CP12), EPC, Fire Risk Assessment and PAT testing.