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Tenant Rights for Damp and Mould in 2026: Awaab's Law Explained

What Is Awaab's Law?

Awaab's Law is named after Awaab Ishak, a two-year-old boy who died in December 2020 from a respiratory condition caused by prolonged exposure to mould in his family's social housing in Rochdale. His death led to a national outcry and prompted the government to introduce strict legal timescales for landlords to address damp and mould.

The law was introduced as part of the Social Housing (Regulation) Act 2023 and initially applied to social housing landlords. Under the Renters' Rights Act 2025, these requirements have been extended to all private landlords in England.

Awaab's Law creates legally enforceable timescales for landlords to investigate and fix hazards including damp, mould, and other conditions that pose a risk to tenants' health. Failure to comply can result in enforcement action, fines, and compensation claims.

The Legal Timescales Landlords Must Follow

Under Awaab's Law, once a tenant reports a damp or mould problem, the landlord must act within strict timescales:

  • Within 14 calendar days: The landlord must investigate the issue and provide a written response explaining what they found and what action they will take
  • Within 7 calendar days of investigation: If the issue poses an immediate risk to health, emergency repairs must begin
  • Within 28 calendar days: Non-emergency repairs must be completed
  • Within 7 calendar days of completion: The landlord must contact the tenant to confirm the work has been effective

If the repair is complex and genuinely cannot be completed within 28 days, the landlord must provide a clear written schedule with a reasonable completion date. They must also take interim measures to protect the tenant's health in the meantime, such as providing dehumidifiers or temporary alternative accommodation.

These timescales apply from the date the tenant reports the issue, not from when the landlord acknowledges it. Keep a record of when you reported the problem.

How to Report Damp and Mould to Your Landlord

Reporting correctly is essential to trigger the legal timescales and protect your rights:

  • Put it in writing: Always report damp and mould in writing (email is ideal). A phone call is not enough because you need evidence of when you reported it.
  • Be specific: Describe exactly where the damp or mould is, how long it has been there, and any symptoms you or your household are experiencing.
  • Take photos: Photograph every affected area with date stamps. Take photos regularly to show progression.
  • Keep a log: Note dates, times, and details of all communication with your landlord about the issue.
  • Send a follow-up: If you do not receive a written response within 14 days, send a follow-up email referencing Awaab's Law and the legal timescales.

Use our report issue tool to generate a formal letter to your landlord that references the relevant legislation and sets out the timescales they must follow.

If your landlord does not respond or refuses to act, the next step is to contact your local council's environmental health team.

What Happens If Your Landlord Ignores the Problem?

If your landlord fails to act within the legal timescales, you have several options:

Contact your local council

Your council's environmental health team can inspect the property and serve an improvement notice requiring the landlord to carry out repairs within a set period. If the landlord ignores the notice, the council can:

  • Carry out the work themselves and charge the landlord
  • Issue a civil penalty of up to £30,000
  • Prosecute the landlord (unlimited fine on conviction)
  • Issue a banning order preventing them from letting property

Apply to the courts

You can apply to the county court for a repair order requiring the landlord to fix the problem. You may also claim compensation for:

  • Damage to your belongings caused by damp or mould
  • Reduced enjoyment of the property
  • Health costs and suffering

Compensation amounts vary, but courts have awarded 25-50% rent reductions for the period the property was affected by serious damp and mould.

Rent repayment order

If your landlord has been convicted of a housing offence or issued a civil penalty, you can apply for a rent repayment order to recover up to 12 months of rent.

The Private Rented Sector Ombudsman

Under the Renters' Rights Act 2025, all private landlords must join the new ombudsman service. You can complain to the ombudsman if your landlord has failed to address damp and mould issues.

Health Risks of Damp and Mould

Living with damp and mould is not just unpleasant; it is a serious health hazard. The NHS recognises the following risks:

  • Respiratory infections: Mould spores can cause and worsen asthma, bronchitis, and other respiratory conditions
  • Allergic reactions: Sneezing, skin rashes, watery eyes, and runny nose
  • Weakened immune system: Prolonged exposure can affect your body's ability to fight infections
  • Mental health: Living in damp, mouldy conditions is associated with anxiety, depression, and poor sleep
  • Higher risk groups: Children, elderly people, pregnant women, and those with existing respiratory conditions or weakened immune systems are particularly vulnerable

If you or anyone in your household is experiencing health problems that you believe are linked to damp or mould, see your GP and ask them to document the connection in your medical records. This evidence is valuable if you later claim compensation.

You can use our damp and mould assessment to evaluate the severity of the issue and understand your legal options.

Tenant vs Landlord Responsibilities

Understanding who is responsible for what can prevent disputes:

Landlord responsibilities:

  • Structural repairs (roof, walls, foundations, external drainage)
  • Plumbing and heating systems
  • Ventilation systems (extractor fans, trickle vents)
  • Damp-proofing
  • Addressing any design or structural defects that cause condensation

Tenant responsibilities:

  • Ventilating the property reasonably (opening windows when cooking or showering, using extractor fans)
  • Heating the property adequately
  • Not blocking ventilation points
  • Reporting problems promptly

Landlords sometimes blame tenants for condensation damp, claiming it is a "lifestyle issue." While tenants should ventilate and heat the property, the landlord is responsible if the problem is caused by inadequate ventilation, insulation, or heating systems. If your property has no extractor fans, insufficient insulation, or a heating system that does not work properly, the damp is the landlord's problem to fix.

A surveyor's report can establish the cause of damp definitively. If your landlord refuses to accept responsibility, your council's environmental health team can carry out an assessment.

Frequently Asked Questions

Yes. Awaab's Law originally applied only to social housing under the Social Housing (Regulation) Act 2023, but the Renters' Rights Act 2025 extended these requirements to all private landlords in England. Your landlord must investigate within 14 days, begin emergency repairs within 7 days, and complete non-emergency repairs within 28 days.

Landlords sometimes claim condensation damp is caused by the tenant's lifestyle. While tenants should ventilate and heat the property reasonably, the landlord is responsible if the issue is caused by inadequate ventilation, poor insulation, structural defects, or faulty heating systems. A council environmental health inspection or independent surveyor's report can determine the true cause.

Withholding rent is risky and generally not recommended, as your landlord could seek to recover the unpaid rent through the courts. Instead, report the issue formally, contact your council's environmental health team, and consider applying to the courts for a rent reduction or compensation. Seek advice from Shelter or Citizens Advice before taking any action on rent.

Compensation varies depending on severity and duration. Courts have awarded rent reductions of 25-50% for the affected period, plus damages for health impacts and damage to belongings. In serious cases, awards of several thousand pounds are not uncommon. You can also apply for a rent repayment order of up to 12 months' rent if your landlord has been convicted of a housing offence.

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Disclaimer

This article provides general information about tenant rights in England based on legislation current as of 2026. It is not legal advice. Laws differ in Scotland, Wales, and Northern Ireland. If you need help with a specific situation, contact Shelter (0808 800 4444) or Citizens Advice.