Damp and Mould: Awaab's Law and Your Rights

Damp and mould are among the most common complaints from UK tenants. Living in a damp or mouldy property can cause serious health problems, including respiratory infections, asthma, and allergic reactions. Children, elderly people, and those with existing conditions are especially vulnerable.

UK law is clear: landlords have a duty to keep rental properties free from serious damp and mould. Several pieces of legislation protect tenants, including the Landlord and Tenant Act 1985, the Housing Act 2004, the Homes (Fitness for Human Habitation) Act 2018, and the newer Awaab's Law provisions in the Renters' Rights Act 2025.

Awaab's Law is named after Awaab Ishak, a two-year-old boy who died in 2020 from a respiratory condition caused by exposure to mould in his family's housing association flat in Rochdale.

Originally introduced for social housing through the Social Housing (Regulation) Act 2023, Awaab's Law sets strict timescales for landlords to investigate and fix damp and mould. The Renters' Rights Act 2025 extended these protections to the private rented sector as well.

Key timescales under Awaab's Law:

Under Section 11 of the Landlord and Tenant Act 1985, your landlord is responsible for maintaining the structure and exterior of the property, as well as installations for water, gas, electricity, sanitation, and heating. Damp caused by structural defects, leaking roofs, broken guttering, or inadequate ventilation falls squarely on the landlord.

Under the Homes (Fitness for Human Habitation) Act 2018, your landlord must ensure the property is fit for you to live in throughout the tenancy. Serious damp and mould can make a property unfit for habitation.

Your landlord is responsible for damp and mould caused by:

Your landlord is not typically responsible for:

If you discover damp or mould in your rented home, act quickly. The longer it is left, the worse it gets.

Step 1: Document everything. Take clear photographs of all affected areas, including close-ups and wider shots showing the extent. Note the date, the room, and any health symptoms you or your household are experiencing.

Step 2: Report it to your landlord in writing. Email is best because it creates a clear paper trail. Describe the problem, attach your photos, and ask for a repair timeline. Reference their obligations under Section 11 of the Landlord and Tenant Act 1985.

Step 3: Keep a log. Record every communication, repair visit, and any worsening of the problem. This is essential if you need to escalate later.

Step 4: Allow access for repairs. You must give your landlord reasonable access to inspect and carry out repairs (typically 24 hours' notice).

If your landlord ignores your reports or fails to fix the problem within the Awaab's Law timescales, you can involve your local council's Environmental Health department.

The council has powers under the Housing Act 2004 to inspect the property using the Housing Health and Safety Rating System (HHSRS). Damp and mould can be classified as a Category 1 hazard (the most serious), which requires the council to take enforcement action.

Council enforcement options include:

Contact your local council's Environmental Health team by phone or through their website. The inspection is free.

If damp and mould have affected your health or made your home unfit to live in, you may be entitled to compensation. Options include:

You can bring a claim under the Homes (Fitness for Human Habitation) Act 2018 or pursue a disrepair claim in the county court. Many solicitors offer no-win-no-fee arrangements for housing disrepair cases.

Shelter (shelter.org.uk) and Citizens Advice (citizensadvice.org.uk) offer free guidance on taking legal action.