Awaab’s Law: What It Means for Private Landlords and the Future of Property Standards
Tom Entwistle, Private Landlord and Founder of LandlordZONE says that this law is a game-changer coming in the private rented sector (PRS). It puts the onus and responsibility for damp and mould, a serious hazard in rental property, firmly on the landlord’s shoulders.
Awaab’s Law will be fully implemented in the social housing sector from October 2025 and will follow later for private landlords in the PRS with the implementation of the Renters’ Rights Act, now expected sometime in 2026.
I’m assuming here that the details of the new draft guidance for Awaab’s Law in the social housing sector will be broadly similar when applied to the PRS. Be aware that the details provided in this article are not a full representation of the law which is not yet settled - you should seek professional advice before acting on or not acting on any of this.
Although always recognised as a hazard under HHSRS this is the first time significant regulations have been introduced specifically about damp and mould.
Damp and mould are serious hazards to which no human soul should be subjected. Black mould, the most serious manifestation, results mainly from condensation – moist, warm air (steam) generated from washing, showering, cooking and drying clothes indoors etc, and as we’ve seen with Awaab over time exposure can be deadly.
Condensation results in water settling on cold surfaces which over time sinks into the fabric of the building. The wetness produces the black mould spores which can be highly toxic.
The cause or causes of mould in a home are easily mis-understood and mis-diagnosed. Let’s say you have a property which you have been letting for many years, perhaps had five or six different lots of tenants in there with no signs of damp or mould. The last tenant however complains to you about damp and mould: “I have black mould spots on the walls and my clothes smell musty”.
What do you do? The law says (when Awaab’s law comes in) you as landlord had better do something about it and quickly. You have a limited time to put it right. Failing that you need to find alternative accommodation for your tenant/s.
That’s pretty stark isn’t it. You’re sure there’s nothing wrong with the property because of the previous tenants’ experience. It can only be down to something the occupiers are doing, right, but what? Well, more than likely they are doing the things listed above: possibly not keeping the home warm (to save money on heating) and not venting steam at source, and maybe drying clothes on radiators. When it’s cold outside that’s when condensation occurs inside in a cold home. The temptation is to avoid opening windows to vent out steam, making the situation worse.
The question is a bit irrelevant because the responsibility for the problem will always fall on the landlord by virtue of Awaab’s law. The house may be poorly insulated, the heating system may be defective or there’s no proper ventilation provided, such as a cooker hood extractor and bathroom extractor. These items can easily be placed at the landlord’s door, whereas the other causes are down to the tenant/s behaviour.
Awaab’s law stems from the events in Rochdale some four years ago when a two-year-old Awaab Ishak tragically died from a respiratory condition caused by prolonged exposure to mould in his family's housing association flat. The law became a turning point in the national conversation around rental housing standards generally.
While Awaab’s Law was initially targeted at social landlords, private landlords need to be aware that the same law will soon apply to them. The direction of travel is unmistakable. The Decent Homes Standard is coming to the PRS too with a consultation in progress, and regulation is evolving further in the PRS under the Renters’ Rights Bill, currently making its way through Parliament.
This article looks at what Awaab’s Law entails, what it signals for private landlords, and how you should prepare for what’s coming next...
Awaab’s Law sets out a statutory framework for the responsibilities landlords have for damp and mould. It mandates strict time frames within which social landlords (and soon private landlords) must investigate and repair reported hazards relating to damp and mould. Under the new draft guidance, landlords must:
OK, so you must investigate, and quickly, produce a written summary of serious hazards. You must then start to, “undertake relevant safety work within 5 working days of the investigation concluding, if the investigation identifies a significant hazard”
My question is, what works? Fair enough, if the property is defective; poor insulation, a defective heating system that costs the earth to run, or no adequate means of venting steam, then clearly the landlord has work to do. In any case this comes under the minimum energy efficiency standard (MEES) regulations which mean that before too long all rental properties will be required to meet EPC rating level “C”.
But what if all that’s fine. What if the tenant/s are skipping on heating, out at work all day, coming home to a cold home and blasting it with steam from washing, cooking and perhaps drying clothes indoors? You’re faced with walls covered in black spores. What action do you take?
The obvious thing to do is to have all the black mould removed and chemically neutralised to kill as far as possible all the mould spores. Remember though, this is hazardous to your own health, so you may need specialist help. If you do it yourself, make sure you wear the correct safety equipment.
The legislation says:
Upon becoming aware of a potential hazard, social landlords (and soon private landlords) should use all available information to initially determine if the hazard is a potential significant or emergency hazard and take steps to complete relevant safety work within stated timeframes.
Under Awaab’s Law, social landlords have a defence if they have taken all reasonable steps to comply with the requirements but have been unable to comply for reasons beyond their control (Section 10A(5) of the Landlord and Tenant Act 1985). For more on this defence see section 9.
Given that tradespeople are often difficult to get at short notice, it’s highly likely that you may need to rely on these defences.
But that leaves the behaviour of your tenants to deal with. Basically, it means educating them on what causes the condition in the first place, otherwise in six months’ time, or when winter comes round again, you will be in the same position.
What most people don’t realise it that once black mould has taken hold, those spores go deep into the fabric – walls, plaster, brick etc - so no amount of chemical treatment will completely eradicate them and once the conditions (cold & damp) come back, so do those mould spores.
What the Act says is failure to adhere to the requirements could result in enforcement by the housing Ombudsman and the courts. Your tenant could take you to court for a breach of the Homes (Fitness for Human Habitation) Act 2018.
Importantly, the law classifies damp and mould as a Category 1 hazard under the Housing Health and Safety Rating System (HHSRS), placing them on the same level of urgency as fire risks or asbestos exposure.
What does all this mean in practice for private landlords?
Local authorities, empowered under the Housing Act 2004 and reinforced by the Homes (Fitness for Human Habitation) Act, are likely to be more assertive in their inspections and enforcement in the future. Following the introduction of the Renters’ Rights Bill you can expect more Environmental Health Officers (EHOs) taking action where damp and mould are reported—especially if tenants are considered vulnerable.
Landlords will often rightly point to tenant lifestyle factors as the cause of condensation and subsequent mould, but Awaab’s Law indicates a major cultural and legal shift: the burden of proof and responsibility is moving squarely onto the landlord.
Landlords will in future be obliged to demonstrate that they’ve taken proactive steps to eliminate the causes of damp and mould, rather than relying on blaming the tenants. They will need evidence of the condition of the property: adequate insulation, mechanical ventilation (especially in kitchens and bathrooms), properly functioning heating, regular inspections and responsive maintenance.
The government's current draft consultation for the Decent Homes Standard in the PRS includes questions about adopting response times like Awaab’s Law as it applies to the social housing sector. This may be introduced via secondary legislation or through a new regulatory framework that includes PRS Ombudsman rulings.
For those landlords managing buy-to-lets and multiple properties, and particularly HMOs in older Victorian housing stock prone to damp issues, these obligations could become a significant management burden.
Costs will increase as will risk. Landlords will be well advised to take preventative measures:
For smaller landlords with just one or two buy-to-lets or those who rely on letting agents, it’s important to be aware of the rules. If you use agents make sure that whoever you rely on to manage your properties understand and implement these new standards because ultimately, you are responsible!
Awaab’s law introduces a legal system of accountability which includes reporting to the PRS Ombudsman and ultimately the courts.
The DLUHC’s draft statutory guidance for social landlords under Awaab’s Law is useful reading for private landlords in advance of the law applying to them. It effectively sets out what is likely to become the “reasonable expectations” for the damp and mould test under HHSRS enforcement for the PRS.
Key pointers include:
The overall message from all of this: landlords should be taking a proactive rather than a reactive approach to damp and mould and other hazards in their properties. With greater powers (and penalties) being given to local authorities, failure to do so may soon amount to legal liability and heavy penalties.
Damp and Mould Audit – it would be sensible this winter, giving priority to higher-risk properties, those older buildings which are generally poorly insulated stock, to identify areas where improvements can be made. Single/double glazing, wall insulation, tenants blocking up vents, drying clothes on radiators, lack of extractor fans, inefficient heating systems. These are all items worth looking into now.
Consider fitting total ventilation solutions - MVHR systems which are positive input ventilation and heat recovery units, trickle vents in windows and dehumidifiers. Make sure kitchens and bathrooms have humidity-controlled extractor fans.
Improve your tenant communication - issue them with guidance on how to avoid condensation in the home and encourage them to report mould issues and other hazards at an early stage – provide them with multiple channels for doing so. Keep your approach friendly and supportive.
Letting agents – if you use them make sure they are fully trained and qualified and realise the significance of mould complaints. Ask them to educate your tenants about condensation.
Evidence - Keep records, logs of inspections, repairs, all tenant communications, contractor reports and invoices for work done.
The government is currently running a consultation exercise on extending the Decent Homes Standard. The standard has long applied in social housing but will now be extended to the private rented sector. The version proposed for the PRS includes:
This of course all dovetails nicely with the energy efficiency standards now working towards EPC level “C” for all residential rental properties - new tenancies by 2028 and existing tenancies by 2030.
The consultation exercise closes later this year, and private landlords would be well advised to watch it closely. It signals the likely legislative route for embedding Awaab’s Law principles into PRS regulation.
Moreover, the Renters’ Rights Bill will probably be made law by early 2026 if not before. This will give real teeth to local authorities and the PRS Ombudsman through new enforcement powers, access to redress, and greater penalties.
I think the introduction of Awaab’s Law to the PRS, coupled with that of the Renters’ Rights Act and the updated Decent Homes Standard will introduce a new era in letting residential property. It calls for a new professional approach, one which will place increased demands on the average self-managing buy-to-let landlord and HMO landlords.
Those who feel they are unable to rise to the challenge, either through lack of time or expertise, should consider using a professional letting agent armed with the right training and qualifications.
This is not going to be just another regulation, a simple compliance burden we’ve all experienced many times before, it’s a “legal watershed moment” that redefines what is considered acceptable when letting residential property in the UK. Buy-to-let can no longer be considered a totally passive investment.
But ironically, change brings opportunity. Running your business in a professional way, having your properties fit for a modern era will mean you let more easily, keep your tenants in place longer, garner a reliable cash-flow, and make greater, more reliable profits.
Do some homework:
Tags:
Comments