Awaab's Law & Damp: UK Landlord Compliance for 2024

A UK landlord's guide to Awaab's Law. Understand the new timescales for damp and mould repairs to ensure compliance and avoid penalties.

Damp and mould are no longer just maintenance issues; they are a primary legal concern for UK landlords. The introduction of Awaab's Law sets strict, non-negotiable deadlines for addressing these hazards. Failing to comply carries significant financial and legal consequences.

Understanding these new obligations is essential for protecting your tenants, your property, and your rental business. This guide explains what the law demands and the practical steps you need to take now.

What is Awaab's Law and its impact on UK landlords?

Awaab's Law was created following the tragic death of two-year-old Awaab Ishak from a respiratory condition caused by prolonged exposure to mould in his home. The law, part of the Social Housing (Regulation) Act 2023, introduces legally binding timeframes for social housing landlords to investigate and repair serious housing hazards.

Initially targeting social landlords, the government has confirmed these responsibilities will extend to the private rented sector through the new Renters' Rights Act 2024. For private landlords, this means the previous 'reasonable time' for repairs is being replaced with a strict statutory timetable.

Key deadlines: New timescales for damp and mould repairs

The government's consultation on Awaab's Law has outlined specific timescales that will apply once a tenant reports a potential hazard. Landlords will be legally required to:

• Investigate within 14 days: You must arrange an inspection to assess the hazard after it is reported.
• Provide a written report: This report must detail the findings, the proposed repair schedule, and any information on decanting tenants if necessary.
• Begin emergency repairs within 24 hours: For hazards posing an imminent risk of harm, work must start within one day.
• Start 'Serious' repairs within 7 days: For significant hazards like severe damp and mould, you must begin remedial action within one week.
• Complete repairs in a reasonable time: All necessary work must be finished within a defined, reasonable period, with clear communication to the tenant.

These are not suggestions. They will be legal duties. Failure to meet these deadlines could lead to enforcement action by local authorities or the Housing Ombudsman.

Understanding 'Prescribed Hazards' and 'Serious Hazards' in rental properties

Awaab's Law is enforced using the Housing Health and Safety Rating System (HHSRS). This is the established method used by local authorities to assess risk in residential properties. The HHSRS identifies 29 'prescribed hazards', one of which is 'Damp and mould growth'.

Hazards are assessed and graded into two categories:

• Category 1 Hazard: This is a serious hazard where the risk is so significant that it could cause severe harm or death. Widespread, toxic mould would likely be classed as Category 1. This triggers the most urgent repair timescales under Awaab's Law.
• Category 2 Hazard: This is a lesser hazard that still requires attention but poses a lower level of risk. While less urgent, it must still be addressed under the Homes (Fitness for Human Habitation) Act 2018.

As a landlord, your responsibility is to ensure your property has no Category 1 hazards. An HHSRS assessment can be requested by a tenant or carried out by a local council, so it is vital to know your property's condition.

Preventative measures: How landlords can mitigate damp and mould risks

Prevention is always better than cure, especially with the costs and risks associated with damp. Proactive measures can prevent most issues from arising and demonstrate due diligence.

1. Control sources of moisture

Most damp within a home is caused by one of three things: condensation, penetrating damp, or rising damp. Leaks from internal plumbing, roofs, or blocked gutters are common culprits for penetrating damp. A small, undetected leak under a bath or behind a kitchen unit can quickly saturate materials and lead to a major mould problem. This is why having access to a reliable emergency plumber is crucial for addressing issues before they escalate into a Category 1 hazard. Regular checks of plumbing, roofs, and window seals should be a documented part of your annual maintenance schedule.

2. Improve ventilation

Mould thrives in stagnant, humid air. Modern homes are often so well-sealed for energy efficiency that they trap moisture inside. Ensure your properties have adequate passive and active ventilation. This means fitting and maintaining extractor fans in kitchens and bathrooms, ideally humidistat-controlled or with appropriate overrun timers. Check that windows have functioning trickle vents and that air bricks are not blocked. Educating tenants is also key; provide a simple leaflet explaining the importance of using fans, opening windows after showering, and avoiding drying large amounts of laundry on radiators without ventilation. For more details on protecting tenants from airborne hazards, our guide on UK Landlord Smoke & CO Alarm Regulations 2022 is an essential read.

3. Insulate and heat effectively

Cold surfaces in a warm room act like magnets for condensation. Cold spots often occur on external walls, in corners, or behind large furniture. Proper loft and cavity wall insulation helps keep the internal surface temperature of walls higher, reducing the likelihood of moisture settling and turning into mould. An efficient, well-maintained heating system is also vital. Tenants on tight budgets may under-heat a property, creating ideal conditions for condensation. Ensuring the boiler is efficient, with an annual boiler service, and that the controls are easy to use helps tenants heat the property affordably.

4. Conduct regular property inspections

Carry out inspections at least every six months with proper notice to the tenant. This allows you to spot early signs of damp or mould that a tenant may not have noticed or reported. Look for tell-tale signs like peeling wallpaper, watermarks on ceilings, or a musty smell. Document these inspections with dated photographs.

Practical steps for landlords to ensure compliance and avoid penalties

To meet the strict demands of Awaab's Law, you need a clear, robust, and documented process for handling repair reports.

1. Establish a clear reporting system: Your tenancy agreement should clearly state how to report repairs. Provide tenants with multiple methods, such as an email address, a dedicated phone number, or a tenant portal. When a report is received, acknowledge it in writing immediately. This starts the audit trail.
2. Act on reports without delay: The 14-day investigation clock starts the moment the tenant reports the issue. You must arrange an inspection with a competent person straight away. Do not ignore, dismiss, or downplay a tenant's concerns, as this can be used against you later.
3. Keep meticulous records: This is your most important defence. Document every step. This includes the initial tenant report, all subsequent communication, inspection reports from professionals, quotes for work, invoices, and dated before-and-after photos. Store these records digitally and securely for at least six years.
4. Use qualified professionals for diagnosis and repair: For an issue like damp, a cosmetic fix like painting over mould is not compliant. It will return, and you will be back at square one, but with a worse legal position. Use a qualified surveyor or a specialist damp-proofing company to provide a written report identifying the root cause. For any associated plumbing or heating issues, always use a Gas Safe registered engineer or a qualified plumber.
5. Plan for the unexpected repair costs: Significant damp remediation or a new boiler can be expensive. A comprehensive service plan, such as our home emergency cover, can provide financial certainty by covering the cost of call-outs and repairs for approved engineers dealing with sudden crises like burst pipes or central heating failure, which are often the root causes of damp.
6. Communicate clearly with the tenant: Keep the tenant informed at every stage. Provide them with a copy of the expert's report and a clear, written schedule for the remedial works. If the property needs to be vacated for work to be done, you must manage this process professionally and cover reasonable costs as required.

What UK law says: current landlord duties

Awaab's Law builds upon a foundation of existing landlord responsibilities. It is crucial to understand these duties as they provide the legal context for tenant complaints and council enforcement action.

The Fitness for Habitation Act already gives tenants the power to sue landlords over property conditions. Awaab's Law strengthens this by adding strict, government-mandated timelines for addressing the very hazards that would make a property unfit.

The combination of these laws creates a powerful new framework. Landlords can no longer delay repairs or evict tenants who complain about them without facing serious repercussions.

This is general guidance — consult a solicitor for case-specific advice.

The era of treating damp and mould as a minor issue is over. Awaab's Law, combined with the Renters' Rights Act, puts firm legal obligations on all landlords to act swiftly and effectively. Adopting a proactive approach to maintenance, ventilation, and tenant communication is now the only viable strategy. Document everything, act fast, and use professionals. This is the new standard for managing rental properties in the UK.