The short answer
Not yet. As of October 2026, Awaab's Law applies only to social landlords in England. The Renters' Rights Act 2025 gives the government the power to extend it to private tenancies. A consultation on how to do that opened on 9 October 2026 and closes at 11.59pm on 18 December 2026. The government says the earliest feasible start date for private landlords is 2027. Its own impact assessment models a phased start in 2028, 2029 and 2030.
Private landlords are not off the hook for damp and mould in the meantime. The duties that already apply are set out below, along with the timescales being proposed, so you can get your repair process ready before the law lands.
What Awaab's Law is
Awaab's Law is named after Awaab Ishak, a two-year-old who died in December 2020 from a respiratory condition caused by prolonged exposure to mould in his family's social housing flat in Rochdale. It sets legal deadlines for landlords to investigate and fix hazards, starting with damp and mould. It is written into tenancy agreements as an implied term, so a tenant can enforce it in court.
For social housing it is arriving in phases:
- Phase 1, from 27 October 2025: damp and mould, and all emergency hazards.
- Phase 2, from 30 November 2026 (subject to Parliamentary approval): excess cold, excess heat and several other hazards.
- Phase 3, in 2027: the remaining hazards, including asbestos, lead and noise.
What the proposed rules would mean for private landlords
The consultation suggests mirroring the social housing timescales, and asks for views on tighter or looser options. These are proposals, not law:
| Step | Proposed benchmark | Options consulted on |
|---|---|---|
| Investigate a potential significant hazard | 10 working days | 5, 10 or 15 working days |
| Give the tenant a written summary of the findings | 3 working days after the investigation | 1, 3 or 5 working days |
| Make a significant hazard safe | 5 working days after the investigation ends | 3, 5 or 10 working days |
| Start further preventative work | Within 5 working days, or take steps to start and begin within 12 weeks | Under consultation |
| Emergency hazards | Investigate and make safe as soon as practicable, within 24 hours | 12, 24 or 48 hours |
The consultation proposes covering every hazard in the Housing Health and Safety Rating System (HHSRS) except crowding and space. It says there is a strong case for putting damp and mould and all emergency hazards in the first phase, as happened in social housing. Hazards caused by the tenant breaking their tenancy, and problems the landlord is not responsible for, such as a freeholder's repairs in a leasehold block, are likely to be excluded.
Enforcement would run through the tenancy itself. Tenants could take a landlord to court for breach of contract, and the court could order repairs and compensation. Complaints would also go to the new private rented sector Landlord Ombudsman, which landlords are expected to join in 2028. Councils would keep their existing HHSRS powers, now including a penalty of up to £7,000 for failing to deal with category 1 hazards.
One point for landlords who use letting agents: the landlord stays liable. If an agent handles repairs, the management agreement needs to cover the new deadlines.
What private landlords already have to do
Damp and mould in a privately rented home are already covered by three overlapping duties:
- Repairing obligations. Section 11 of the Landlord and Tenant Act 1985 makes the landlord responsible for the structure and exterior, and for installations for water, gas, electricity, sanitation and heating. Penetrating damp from a failed gutter, roof or render falls squarely here.
- Fitness for human habitation. The Homes (Fitness for Human Habitation) Act 2018 implies a term into tenancies that the home is fit to live in at the start and throughout. Damp and mould growth is one of the listed matters. Tenants can enforce this directly.
- HHSRS enforcement by the council. Under the Housing Act 2004, a council can inspect, assess damp and mould as a hazard, and serve an improvement notice. A revised HHSRS assessment took effect on 23 June 2026.
Looking further ahead, the government plans to apply the Decent Homes Standard to private rented homes from 2035. That is separate from Awaab's Law.
How to prepare now
The landlords who will cope best are the ones who can already prove a fast, recorded response. In practice:
- Log every report with a date and time. Every proposed timescale runs from when you are told. A shared inbox, a spreadsheet or a property management app all work, as long as nothing is handled only by phone.
- Inspect quickly and photograph everything. Record moisture readings, where the mould is, and what is causing it.
- Find the cause, not just the mould. Treating the surface without fixing the cause means it comes back. Causes split into three groups: water coming in (roofs, gutters, render, windows, failed seals), water escaping (leaking pipes, waste and showers), and condensation (poor ventilation, cold walls, heating the tenant cannot afford to run).
- Put the findings in writing to the tenant. Say what you found, what you will do and when. This is the step the proposed rules make mandatory.
- Have contractors lined up before you need them. A 24-hour emergency window or a 5-day make-safe deadline cannot be met if you start ringing round after the report comes in.
- Plan the bigger work across the portfolio. Extractor fans, trickle vents, insulation and roof repairs done between tenancies cost less than emergency works done around a tenant.
Common causes we find behind damp and mould
- Bathrooms with no working extraction. A missing, undersized or switched-off fan is one of the most common causes of mould in rented homes.
- Blocked or overflowing gutters and downpipes soaking one patch of wall until it shows inside.
- Failed silicone and grout around showers and baths, letting water into the floor and walls below.
- Cold corners and window reveals where insulation is missing, so condensation forms there first.
- Slipped tiles and failed flashing letting rain into ceilings and the tops of walls.
Common questions
Does Awaab's Law apply to private landlords now?
No. In October 2026 it applies to social landlords in England only. The law to extend it to private tenancies exists, but the detailed rules and the start date are still being consulted on.
When will Awaab's Law apply to private landlords?
The government says 2027 at the earliest. Its impact assessment assumes a phased introduction in 2028, 2029 and 2030. The decision will follow the consultation, which closes on 18 December 2026.
Does Awaab's Law apply in Scotland or Wales?
No. It is English law. Scotland and Wales have their own housing standards and are taking their own approaches.
Can a landlord blame damp and mould on the tenant's lifestyle?
Not without investigating first. Condensation can be made worse by how a home is used, but the causes are often the building itself: poor ventilation, cold surfaces or water getting in. The proposed rules would also exclude only hazards caused by the tenant actually breaching the tenancy, not everyday living such as cooking and drying clothes.
Sources
- Extending Awaab's Law to private rented tenancies and to licences, consultation published 9 October 2026 (GOV.UK)
- Renters' Rights Act 2025 implementation roadmap (GOV.UK)
- Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
- Landlord and Tenant Act 1985, section 11 (legislation.gov.uk)