Awaab’s law is coming to the private landlord sector. With the passing of the Renters’ Rights Act, which is imminent, the full force of the law regarding condensation and mould will affect private landlords.
It means that for the first time landlords will come under direct legislation making them legally responsible for preventing the harmful effects of damp, condensation and mould in their rental properties.
It’s this time of year, when a chill in the air means we’re heading for colder weather that rental properties invariably start to suffer from condensation problems. You should be educating your tenants about this. Perhaps by a note, or a word, to tell them what they should do to avoid condensation and its results – black mould appearing on walls and ceilings – could save you a whole load of trouble this winter.
Condensation and mould have long been a thorn in the side for private landlords. They often result in tenant complaints and what’s more alarming, tenant health issues. And with the arrival of Awaab’s Law, they’re about to become a whole new ball game - a legal and financial minefield.
What was once dismissed as simply a “tenant lifestyle” problem is now firmly placed as the landlord’s problem, squarely their responsibility. Fail to act quickly when you receive a complaint and you risk not only costly repairs and complaints to your local authority, but you risk substantial fines, tenant legal claims, and reputational damage.
The good news? A new smart ventilation and monitoring technology is available to private landlords which offers protection for landlords when tenants fail to follow advice – such as Vent-Axia’s Revive 7 and Switchee.
These new products, developed for social housing initially, are now becoming available for the private landlord. They tackle the condensation problem head-on.
Condensation occurs when warm, moist air hits a cold surface. This is easily visible on bathroom mirrors and single-glazed windows, but it also hits poorly insulated walls and bedrooms, mainly bedroom fabrics and clothing – hot steam air always rises to the upper spaces of the home.
If left untreated it develops into toxic black mould. Apart from looking dreadful in any home, mould damages plaster, masonry, paintwork, woodwork and furnishings and of course it’s injurious to health.
Classed as a category 1 health hazard for tenants, these health risks are well-documented: respiratory illness, asthma, allergies – all now well understood by doctors, housing and environmental health officers. For landlords, the risks are equally serious. Repairs which involve redecorations, plaster replacement and even structural timber decay.
These could be the least of your problems once the new law comes into force. That’s because tenant claims under the Homes (Fitness for Human Habitation) Act and Environmental Protection Act carry heavy penalties.
Awaab’s Law introduces strict timeframes to investigate and fix damp and mould issues. Whilst the law starts in social housing this October, the private rented sector (PRS) landlords can expect the same treatment under the coming Decent Homes Standard. In other words, doing nothing is no longer an option.
The law was brought in after the tragic death of a two-year-old boy named Awaab Ishak after a prolonged exposure mould in his parent’s social housing flat in Rochdale, Greater Manchester. For social housing that law comes into force for social landlords from 27 October 2025.
It means that emergency hazards must be addressed within 24 hours. Other less serious hazards to be investigated within 14 days and repairs to be completed within a strict timeframe.
PRS landlords should take note: although the law is not yet in force for them the government has made it very clear that the social housing and PRS standards are converging. The new Decent Homes Standard will be applied to the PRS for the first time and will expect landlords to demonstrate that they are tackling damp and mould proactively.
Landlords can’t rely on tenants alone to keep their properties warm, dry and free from condensation and mould. Clothes drying on radiators, cooking and washing / bathing without venting the steam, and lack of heating, all contribute to a condensation filled home. These are things over which the landlord has little or no direct control.
Making sure there is good ventilation is key: working extractor fans in kitchens and bathrooms, trickle vents in windows, cooker hoods vented outside all provide protection.
Secondly, heating and good insulation are vital: an adequate heating system offering affordable warmth, and loft, wall and floor insulation which retains the heat longer, will all go a long way to preventing mould.
Proactive tenant engagement will also help provide clear guidance. But if they don’t comply you will find that the courts won’t accept “tenant behaviour” as an excuse – the onus is on the landlord regardless. Even so, keep records of the guidance you have provided.
Tenants will sometimes ignore the advice and even disable extractors and trickle vents to avoid drafts in a cold home – you can only do so much. Ultimately, you can’t be pilloried if you have done all that’s necessary to safeguard your property, but you must have the means to prove it.
Finally, regular documented inspections of rental properties during tenancies will become more important than ever. Proactive inspection, that is regular checks on the property’s condition, whilst keeping written and photo records and responding quickly to any repair issues, is highly recommended.
New technology is making landlord compliance easier. One company, Vent-Axia, has recently launched their new Lo-Carbon Revive 7, extractors designed specifically for social and private housing. These are continuous ventilation fan units, easily fitted in kitchens and bathrooms, that automatically adjust airflow when humidity rises.
Crucially they can monitor usage so any tampering or disabling of the units will be evidenced. They are low on energy use, said to cost as little as £4–5 a year to run. Their filter-less design, low maintenance, and tamper-proof system, gives a long lifespan and the smart sensing boosts airflow only when it is needed.
The units can also relate to and are connected to a heating boiler (blue tooth connection) and used in conjunction with the Switchee monitoring service. It means that the Revive 7 Switchee-enabled set-up gives landlords a smart monitoring platform which is already being used widely in social housing. It allows landlords to:
Landlords are always focused on cost. Here’s what to you can expect:
Note, these are rough estimates, contact the suppliers for accurate cost estimates in your own situation.
What you potentially get though is fewer repairs, reduced redecoration, lower tenant turnover, energy efficiency gains and Switchee claims to provide operational savings of up to £188 per property per year.
Many landlords still think of condensation and mould as a “tenant behaviour” problem, but regardless of whose fault it is, tenant or property, the landlord still “carries the can” under the new regime.
Sometimes, simply advising tenants about the problem is not enough. You need to invest in the right equipment to safeguard both your tenant/s and yourself.
With Awaab’s Law setting legal deadlines, and the courts backing tenants, the cost of inaction is likely to dwarf the cost of installing one of these preventative systems. You might save a few hundred pounds by putting off improvements or investing in one of these systems, but let’s face it, your risk of repair bills, legal claims and/or fines is far greater.
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