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Leglislation

Legislation relating to damp and mould

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

In response to the tragic death of two-year-old Awaab Ishak in 2020, who died due to prolonged exposure to mould in a social housing flat, the government introduced Awaab’s Law in 2023. This law sets strict legal timeframes for social landlords in England to investigate and resolve reports of damp and mould: issues must be inspected within 14 days, started within 7 days of assessment, and resolved within a reasonable time. Local councils also have enforcement powers to issue improvement notices or take legal action if landlords fail to act. These laws place a clear responsibility on landlords — particularly in the social housing sector — to treat damp and mould as urgent health hazards, not minor maintenance issues.

1. What Is Awaab’s Law?

Origin & Purpose

Established under the Social Housing (Regulation) Act 2023, Awaab’s Law honors 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)

Phase
Timeframe

Phase 1 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 prioritize tenant safety—embracing swift
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 (e.g., Level 4/5 CIH certificates) AKG UK

Technological Integration - Companies like Triora offer 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—but must drive 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.

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