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Awaab's Law: damp and mould in rented homes

A large share of London homes are rented, many of them from councils and housing associations, and damp and mould complaints are among the most common disputes. Awaab's Law has changed what social landlords in England must do when damp and mould are reported. This page summarises the position in general terms. It is not legal advice, and the requirements are being extended in stages, so check current government guidance for the detail.

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Where the law came from

Awaab Ishak died in December 2020, aged two, after prolonged exposure to mould in his family's rented home in Rochdale. The coroner's findings led to the Social Housing (Regulation) Act 2023, which gave the government power to set legal timescales for social landlords to deal with hazards. The first requirements took effect in England in October 2025.

What social landlords must do

Councils and housing associations must investigate reported damp and mould hazards within a fixed period, give the tenant a written summary of what they found, and carry out the necessary work within set timescales. Emergency hazards must be made safe within 24 hours. Where a home cannot be made safe in time, the landlord must offer suitable alternative accommodation. The government has said further categories of hazard will be brought in over the following years.

Private renting

The government has legislated so that similar requirements can be applied to private landlords, with timing set by future regulations. In the meantime, private landlords in England already have duties: damp and mould growth is assessed as a hazard under the Housing Health and Safety Rating System, which councils enforce, and homes must be fit for human habitation, which tenants can enforce themselves.

Why the cause is the whole question

Most damp and mould disputes come down to cause. Condensation, a leak from the flat above, rain through a parapet, a cold concrete lintel and a failed extract fan all produce mould, and each needs different action from a different person. A landlord who cleans and repaints without investigating, or who blames the tenant without measuring, is unlikely to resolve the hazard.

An independent survey records the cause with readings and photographs: moisture at depth, humidity, surface temperatures and extraction performance, plus the condition of the building outside the flat. ATi carries out no remedial work and has no interest in the outcome, which is why tenants, housing officers, managing agents and solicitors all use our reports.

Practical steps

Whatever the tenure, the same habits make damp and mould easier to resolve and harder to dispute.

  • Tenants: report damp and mould in writing, keep dated photos, and keep copies of replies
  • Landlords: respond promptly in writing, investigate the cause, and record what you found and did
  • Both: make sure kitchen and bathroom extraction works and vents to outside
  • Both: deal with leaks, rainwater defects and cold spots, not just the visible mould

Questions

Does Awaab's Law apply to my private rented flat?

It currently applies to social housing. Similar requirements can be extended to private renting through further regulations, so check current guidance. Private landlords already have duties under housing health and safety rules and the fitness for habitation requirement.

What counts as a damp and mould hazard?

In general terms, damp and mould that poses a risk to the health or safety of the people living there. Official guidance sets out how landlords should assess it.

Can a tenant commission an independent survey?

Yes. Tenants often do, to get an independent account of the cause to put to their landlord or adviser.

Can a housing association use your reports?

Yes. Landlords and managing agents commission our surveys where they want an independent view, particularly in disputed cases.

Does the law require damp proofing?

No. It requires hazards to be investigated and dealt with. The right work depends on the cause and is often ventilation, heating, leak repair or rainwater work.

Is this legal advice?

No. For a specific case, speak to a solicitor, a housing adviser or your council's housing team.

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