Awaab's Law Is Coming to the Private Rented Sector — What Landlords and Agents Need to Know

In December 2020, two-year-old Awaab Ishak died as a result of prolonged exposure to mould at his family's home in Rochdale. Their housing association landlord had been told about the problem repeatedly. Nothing was done. The coroner's findings were devastating — and the government's response was to change the law.

The result is Awaab's Law: legally binding timeframes requiring landlords to investigate and fix damp, mould, and other serious housing hazards within set deadlines. It came into force for social housing in October 2025. Through the Renters' Rights Act 2025, it's being extended to every private landlord in England.

Where Things Stand Right Now

Awaab's Law currently applies to social housing only — local authorities and registered providers such as housing associations. It came into force on 27 October 2025 as Phase 1 of a staged rollout.

The extension to the private rented sector sits within Phase 3 of the Renters' Rights Act, alongside the new Decent Homes Standard and tightened energy efficiency requirements. No confirmed implementation date has been set yet — the government has committed to consulting further on the specific timeframes before bringing it into force. Current indications suggest 2027 at the earliest.

But the legal framework is already in place. The Renters' Rights Act 2025 has enshrined the extension in primary legislation. The detail is still to come; the destination is not.

What the Law Actually Requires

Under Awaab's Law as it applies to social landlords — and is expected to apply to private landlords in similar form — when a damp or mould hazard is reported, the landlord must:

• Investigate within 10 working days of becoming aware of the potential hazard

• Provide the tenant with a written summary of findings within 3 working days of completing the investigation

• Make the property safe within 5 working days if a significant hazard is confirmed — or begin remedial works within 12 weeks where immediate action isn't feasible

• Act within 24 hours for emergency hazards

The scope of the law is also expanding within social housing. From October 2026, it will extend to cover additional significant hazards including structural collapse, fire, and electrical issues. From October 2027, it will apply to all significant hazards identified under the Housing Health and Safety Rating System (HHSRS), excluding overcrowding.

When the private rented sector extension arrives, it is likely to follow a similar phased pattern.

What Happens If a Landlord Doesn't Comply

Non-compliance isn't just a regulatory issue — it creates direct legal liability. Under Awaab's Law, the required timeframes are implied into tenancy agreements. That means a failure to investigate or remediate within the required window is a breach of contract, and tenants can take legal action through the courts accordingly.

Beyond the courts, enforcement routes will include:

• The new Private Rented Sector Ombudsman, which landlords will be required to join (compulsory membership expected around 2028)

• The national landlord database, which will make property and compliance information more visible and transparent

• Local authority enforcement, which already has powers under the Housing Health and Safety Rating System and will have strengthened tools under the new legislation

Compensation claims can cover disrepair, inconvenience, and — critically — the health impacts on tenants. These can be substantial where damp and mould has been present for an extended period.

Why This Is More Relevant Than Many Private Landlords Assume

Damp and mould isn't a niche problem confined to older social housing stock. The English Housing Survey 2024–25 found that 1 in 10 private rented properties showed signs of damp — a higher rate than in social housing. The hazard is common. The legal accountability is catching up.

One particularly important point under Awaab's Law: landlords should not assume that damp or mould is caused by tenant behaviour. Government guidance is explicit on this. The default response of attributing condensation to "lifestyle factors" — without a proper inspection to establish the actual cause — is not a defensible position once legal timeframes are in play.

There are four main types of damp that affect residential properties, each with different causes and different remediation requirements:

Rising damp — moisture travelling up through walls from the ground, typically due to a failed or absent damp proof course.

Penetrating damp — moisture entering through defective gutters, pointing, window seals, flashings, or roofing.

Construction damp — moisture linked to structural defects, more common in older properties.

Condensation — caused by inadequate ventilation, heating, or insulation. Frequently misattributed to tenants, but often a property deficiency.

Correctly identifying the type of damp present matters — both for fixing it properly and for understanding where landlord liability lies.

What Landlords and Agents Should Be Doing Now

The regulations aren't in force for private landlords yet, but waiting until they are before taking stock of your properties is leaving things late. A few practical steps worth taking now:

Know what's in your properties. Routine inspection and maintenance visits are an opportunity to look for early signs of damp, mould, poor ventilation, or fabric issues — gutters, window seals, extractor fans, roof condition. Problems caught early are substantially cheaper to fix.

Don't ignore tenant reports. Under existing legislation — including the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018 — landlords already have duties around property condition. Awaab's Law, when it arrives, adds timeframes and documentation requirements on top of existing obligations, not in place of them.

Keep records. When a tenant raises a concern, document when it was raised, when you investigated, what you found, and what action was taken. This is good practice now and will be essential under Awaab's Law.

Stay across the consultation. The government has committed to consulting on the specific implementation details for the PRS before the law comes into force. The NRLA, AIIC, and ARLA Propertymark will all be good sources of updates as the timeline becomes clearer.

The Bigger Picture

Awaab's Law is one part of a broader shift in how the private rented sector is regulated. The Renters' Rights Act 2025 also abolishes Section 21 no-fault evictions (from 1 May 2026), introduces mandatory landlord registration, and establishes a new PRS Ombudsman. The direction of travel is towards a more accountable, better-documented sector — and damp and mould sits at the centre of that, given the scale of the problem and the human cost of leaving it unaddressed.

For landlords and agents who manage properties well, this is less a threat than a formalisation of what responsible property management already looks like. The main ask is to investigate properly, act promptly, and keep a record.

Coming Soon from Ebor Property Co

We're currently exploring how best to support landlords and agents in the region as these obligations come into force — including looking at dedicated damp and mould inspection services.

One option we're actively considering is DampSmart, a professional inspection service built around the requirements introduced by the Renters' Rights Act. We'll share more details as plans develop — watch this space.

In the meantime, if you have questions about property condition, compliance, or our existing inventory and EPC services, feel free to get in touch - eborpropertyco.co.uk

Ebor Property Co provides property inventory inspections and Energy Performance Certificates across York and North Yorkshire. AIIC accredited. TDS recognised. DEA qualified.