favicon

Legislation

Leglislation

Legislation relating to damp and mould

In the UK, landlords must ensure that rented properties are safe, healthy, and free from serious hazards like damp and mould. The Housing Health and Safety Rating System (HHSRS), established by the Housing Act 2004, classifies damp and mould as Category 1 hazards when they pose a serious health risk. The Homes (Fitness for Human Habitation) Act 2018 requires all rented homes in England, both private and social, to be "fit for human habitation" throughout the tenancy.

In response to the tragic death of two-year-old Awaab Ishak in 2020 due to prolonged exposure to mould, the government introduced Awaab’s Law in 2023. This law sets strict timeframes for social landlords in England to investigate and resolve damp and mould reports, requiring them to assess potential emergency hazards within 24 hours, provide a written summary of findings to the tenant within three working days and complete necessary safety work within five working days if a significant hazard is identified. Local councils can issue improvement notices or take legal action against non-compliant private landlords. These laws emphasise the urgent need for landlords, particularly in the social housing sector, to treat damp and mould as critical health hazards rather than minor maintenance issues.

1. What Is Awaab’s Law?

Origin & Purpose

Established under the Social Housing (Regulation) Act 2023, Awaab’s Law honours the memory of two-year-old Awaab Ishak, who tragically died in December 2020 from prolonged exposure to black mould in his social housing flat in Rochdale. The coroner ruled that inadequate ventilation and damp conditions led to this preventable tragedy.

Intent & Legal Force

The law embeds enforceable obligations within social housing tenancies, compelling registered social landlords to remedy dangerous conditions, initially damp and mould within strict, time-bound deadlines. Tenants may legally challenge noncompliance via the courts

2. Implementation Timeline (Phased Rollout)

Timeframe

Phase 1, from 27th October 2025 - Mandatory investigation and remediation of damp and mould hazards; all emergency repairs (e.g. serious mould, broken heating) must be completed within 24 hours

Phase 2 2026 - Expansion to additional hazards such as excess cold/heat, falls, structural collapse, fire, electrical, explosions, and hygiene issues

Phase 3 2027 - Full extension to all remaining hazards identified in the Housing Health and Safety Rating System (HHSRS), excluding overcrowding

3. Organisations Impacted & Their Implications

A. Registered Social Housing Providers (Councils & Housing Associations)
  • New Duties & Risks
    • Must act promptly to identify and fix mould and other hazards
    • Emergency hazards must now be addressed within 24 hours
    • Failure to comply may result in legal action via courts or recourse through the Housing Ombudsman
  • Operational Adjustments
    • Implementation of stronger reporting systems, contractor readiness, and documented timelines for repairs
    • Additional investments in staff training, communication protocols, and budget alignment to meet compliance
  • Cultural Shift
    • Providers must foster a “zero tolerance” approach toward hazards and prioritise tenant safety embracing swift action and transparency
B. Regulator of Social Housing & Housing Ombudsman
  • Enhanced Authority
    • The Regulator can enforce standards proactively, conducting inspections without a “serious detriment” threshold and imposing unlimited fines for violations
  • Redress & Oversight
    • The Ombudsman will offer stronger recourse for tenants and publish best practices. While some landlords have improved post-awareness, ongoing failings in handling damp and other hazards remain widespread
C. Tenants
  • Empowerment & Protections
    • Now have enforceable rights to live in safe, healthy homes
    • Can hold landlords legally responsible for delays or failures via courts or Ombudsman channels
  • Limitations
    • Asylum accommodation, typically in private sector or hotel arrangements, is exempt from Awaab’s Law, leaving asylum seekers vulnerable to unsafe conditions
D. Private Rented Sector (Potential Future Extension)
  • Planned Expansion
    • The government is consulting on applying similar obligations under the Renters' Rights Bill. Plans include timelines
  • Calls for Speedier Reform
    • Criticism from housing charities like Shelter highlights delays beyond 2025‑27 as a serious public health concern

4. Broader Impacts

Legal Environment - A likely rise in legal claims, including performance mandates and compensation for personal injury tied to landlord negligence

Organisational Readiness - Increased emphasis on training housing managers, including mandatory qualifications

Technological Integration - Real‑time mould detection, data-driven risk alerts, and resident communication tools, supporting compliance efforts

5. Summary: Key Stakeholders & Impact

Social Landlords (Councils, Housing Associations) - Face strict timelines, legal risk, operational and financial pressure to be deliver safer housing

Regulator & Ombudsman - Enhanced oversight, enforcement, and guidance to reshape sector standards

Tenants - Gaining enforceable protections, but certain groups like asylum seekers remain excluded

Private Landlords - Potential future obligations that align with Awaab’s Law framework pending legislation

Technology & Training Providers - Heightened relevance for digital monitoring and professional development offerings

Disclaimer

The information provided is for general guidance and advice only. It does not constitute legal, financial, or professional advice and should not be relied upon as such. No legal responsibility or liability is accepted for any loss or damage arising from reliance on the information provided.

For more information, please refer to GOV.UK