Awaab’s Law for private landlords: where it stands in 2026

Not yet, in England. Awaab’s Law currently applies to social landlords only. The Renters’ Rights Act 2025 lets the government extend it to private tenancies, and a consultation on how to do that closes on 18 December 2026, with 2027 the earliest feasible start. Private landlords must already deal with damp and mould under existing housing law.

That is the position on 30 October 2026, and it has moved quickly in the last three weeks. The government opened its consultation on extending the law to private rented homes on 9 October 2026. A lot of articles written earlier in the year say “no date set”, and a few say the law already applies to you. Neither is quite right. This guide sets out what is in force, what is planned, what you have to do now, and how to run a damp and mould complaint so that you would meet the social-sector timetable even though you are not yet bound by it.

For the practical side of surveys and costs, see our guide to damp survey cost, and for the bigger picture on the 2025 Act, the Renters’ Rights Act landlord compliance guide. The damp and mould hub collects the rest.

What is Awaab’s Law?

Awaab’s Law is the popular name for the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (SI 2025/1042). It is named after Awaab Ishak, a two-year-old who died in 2020 from a severe respiratory condition caused by prolonged exposure to mould in his family’s socially rented home. The family had complained repeatedly. The 2022 inquest led to a campaign for fixed deadlines.

The regulations sit on top of the Social Housing (Regulation) Act 2023, which inserted a power into the Landlord and Tenant Act 1985 to imply a term into social tenancies requiring landlords to follow the prescribed requirements. If a social landlord does not, the tenant can take it to court for breach of contract, and there are other routes through the landlord’s complaints procedure and the Housing Ombudsman. The regulations came into force on 27 October 2025.

The phases, in dates

Does Awaab’s Law apply to private landlords?

Not today, in England. The government’s own consultation document says the Renters’ Rights Act 2025 extends Awaab’s Law to private rented sector tenancies, and that for this to take effect, regulations will need to be made setting the detail of what private landlords must do, such as the exact timescale for repairs. That consultation exists because those regulations have not yet been drafted.

The consultation also explains why the private sector needs a separate design. In the social sector about 1,400 active providers own most of the stock, and 202 large ones own or manage more than 95 per cent of it. In the private rented sector there are at least 2.3 million landlords, 82 per cent of whom own fewer than five rental properties, and 94 per cent of whom let as private individuals. The government says it is not trying to set stronger or weaker requirements for private landlords, but to make them work for the sector.

When will Awaab’s Law apply to private rented homes?

The consultation says the government still has to decide the timescales for implementation, and that because regulations take time to make after the consultation closes, the earliest feasible implementation date is 2027. It asks respondents whether the start should be 2027, 2028 or 2029, whether implementation should be phased (for example damp and mould and emergency hazards first, as in social housing), and whether the start should wait for the new Private Rented Sector Landlord Ombudsman, which the government expects to be established from 2028.

So a private landlord should not plan on a date. The safe reading is that the law is coming, probably in phases, probably not before 2027, and that damp and mould is the most likely first subject because it was first in the social sector.

How would it be enforced?

The consultation describes the intended route as the same as in social housing: the requirements become an implied term of the tenancy, so a tenant who is not satisfied can take the landlord to court for breach of contract. The court can order repairs, award compensation, and order the landlord to pay some or all of the tenant’s legal costs. Councils will not have a direct role in enforcing the timescales, though they keep their existing powers over hazards. If you use an agent for repairs, the landlord stays ultimately liable; the consultation says you may need to agree new contractual terms with your agent.

What are the Awaab’s Law timescales?

Only the social-sector timescales are law today. The consultation uses them as its starting point for private tenancies, so they are the best guide to where things are heading. The government’s Phase 1 guidance sets them out like this.

A few details matter. The trigger is a hazard that presents a significant risk of harm, or, for an emergency, an imminent and significant risk, and the assessment takes the occupants’ vulnerabilities into account, such as age, health conditions or disability. The investigator must, in the landlord’s judgement, have the right skills and experience. Social landlords have a defence if they took all reasonable steps to comply. And the government repeats that these are maximum timescales: act sooner if the situation needs it.

Many private landlords will recognise this from how they already work. The big change is that “reasonable time” becomes a number.

What must private landlords already do about damp and mould?

A lot, and that is the point most coverage of Awaab’s Law misses. The government says plainly that it does not expect Awaab’s Law to place new duties on landlords to carry out repairs they are not already required to make; it focuses on timescales and process. The duties that exist now are these.

Housing Health and Safety Rating System (Housing Act 2004)

Councils use the HHSRS to assess hazards in rented homes, and damp and mould is one of them. If a council finds a category 1 hazard, it has a duty to take enforcement action; for category 2 hazards it has a power. Government guidance says a category 1 hazard generally means an occupier or visitor may require some form of medical attention over the course of a year. Enforcement tools include improvement notices. A revised version of the HHSRS took effect on 23 June 2026, and the Renters’ Rights Act brought in a new power for councils to fine landlords up to £7,000 where they have failed to take reasonably practicable steps to keep their properties free of category 1 hazards. That penalty is in addition to other action such as an improvement notice, and came into force alongside the updated HHSRS in June 2026.

Homes (Fitness for Human Habitation) Act 2018

This Act inserted section 9A into the Landlord and Tenant Act 1985. A rented home must be fit for human habitation at the start of the tenancy and throughout it. In practice that means free of hazards so serious that the home is not reasonably suitable to live in as it is. Government guidance says damp and mould that could cause significant harm would make a home unfit. A tenant can sue for breach of contract, and the court can order the works and award damages. The Act applies to tenancies shorter than seven years, and it does not apply to people with licences to occupy rather than tenancies. There are exceptions where the problem is caused by tenant behaviour, by events outside the landlord’s control such as storms and floods, by the tenant’s own possessions, or where the landlord could not get a necessary consent despite reasonable efforts.

Repairs and statutory nuisance

Section 11 of the Landlord and Tenant Act 1985 requires landlords to keep the structure and exterior, pipes and drains, heating and hot water installations and other items in repair. The Environmental Protection Act 1990 lets tenants and councils act where a home is in a state prejudicial to health, which can include damp and mould. Government guidance notes that landlords who have taken all possible remedial action may be able to defend formal action even if damp and mould persists, which is one more reason to keep records.

What is missing at the moment

Existing law sets no specific timescale for private landlords. Landlords must act within a reasonable period once told of a problem, and what is reasonable depends on the facts and, in a dispute, is decided by a court. The consultation says this makes it hard for both sides to know how fast to move. Awaab’s Law is meant to fix that.

Things that raise the pressure in the meantime

• Section 21 “no fault” evictions ended on 1 May 2026 for England, which the government says gives tenants more confidence in raising repair issues without fear of eviction.
• A Decent Homes Standard will apply to private rented homes from 2035, according to the government’s January 2026 response, enforced by councils.
• A Private Rented Sector Landlord Ombudsman is expected from 2028.

What is a sensible damp and mould process for a private landlord?

You are not yet bound by the social timescales, but they are a defensible benchmark. If a tenant complained and you could show that you investigated within ten working days, wrote to them within three, and made things safe within five, it would be hard for anyone to say you were unreasonable. The government’s guidance for rented housing providers (updated 1 April 2026) supports most of what follows.

1. Take it seriously on the day. We suggest acknowledging the report in writing the same day. The guidance says to respond with urgency and sensitivity, and that you should not wait for medical evidence or opinion before acting.
2. Ask about vulnerabilities. Ask whether anyone in the home is a child, an older person or someone with a health condition, especially a respiratory one. The guidance says everyone is vulnerable to the health effects of damp and mould, with some people at greater risk. If health is already affected, consider whether suitable alternative accommodation can be offered, subject to the tenant’s agreement.
3. Inspect in person. The guidance says an inspection of the home is preferred over an assessment based on photographs, as the full extent cannot always be seen that way. Note the location, size, smell and any moisture.
4. Record before cleaning. Photograph and, if possible, draw around the affected area. The guidance suggests this helps identify the source and plan the work.
5. Clean the visible mould safely. The guidance says small amounts can be dealt with by the tenant or landlord using a mould and mildew product in preference to bleach, but larger areas should be dealt with by qualified professionals. Absorbent materials such as carpets and ceiling tiles may need throwing away.
6. Find the cause. Removing surface mould will not stop it coming back. Check gutters and downpipes, roof, window seals, bridged damp proof courses, leaking pipes, ventilation, heating and insulation.
7. Write to the tenant. Send what you found, what you will do and when. That is the private-sector equivalent of the three-working-day summary.
8. Do the repair, then the prevention. Fix the leak or defect first, then ventilation, heating or insulation. Extractor fans, window replacement and heating work may be controlled work under the Building Regulations.
9. Follow up at six weeks. The guidance says to revisit at least six weeks after treatment to check the mould has not returned, and to act on any reports in the meantime.

Do not assume the tenant’s lifestyle is the cause. The guidance asks landlords to help tenants understand what small changes they can make, such as cooking with lids on and keeping internal doors shut when cooking and bathing, but says this must never be a substitute for addressing the underlying causes. If you cannot get access, speak to the tenant about why, offer reasonable notice, and consider asking the council to help; the guidance says tenants who refuse access may become liable for costs if the property deteriorates, but the landlord should try to find alternative solutions first.

When should a landlord commission a damp or mould survey?

Not every patch of black mould on a bathroom ceiling needs a survey. A survey earns its fee when the cause is unclear, the mould is widespread, or you are about to spend serious money on a diagnosis you cannot check. Government guidance says landlords should not assume they can diagnose the problem themselves in every case, and should take advice from an appropriately qualified professional to avoid misdiagnosis.

The government guidance lists the kinds of professional who can help: building surveyors and architects, damp surveyors (who may hold qualifications such as CSRT, CSSW, CRDS or CSDTB), ventilation and building services specialists, TrustMark registered installers for retrofit, and environmental health professionals at the council. Landlords should check training, qualifications and references. Our guide to damp survey cost covers prices and the difference between an independent survey and a free one from a treatment company, and find a professional tells you where to start looking.

Awaab’s Law in England, Wales, Scotland and Northern Ireland

If you have properties in both England and Scotland, note that the Scottish regime is already live for private landlords and the English one is not.

What should private landlords do now to prepare for Awaab’s Law?

• Write a one-page damp and mould procedure that uses the social timescales as targets. It is also the best answer to a council or a tribunal asking what your system is.
• Make it easy to report. A named phone number or email, and a line in the tenancy pack asking tenants to tell you about damp, mould or leaks. If you use an agent, check in writing how they log and escalate reports.
• Know your problem properties. Solid-wall houses with poor heating, flats with no extractor in the bathroom, and anything with a history of leaks are the likeliest to generate complaints.
• Fix ventilation and heating before it fails. Check kitchen and bathroom extractors work and are used, and that heating suits the building.
• Have a surveyor and a contractor in mind. Finding one in a hurry is the real delay.
• Keep records. The government’s Awaab’s Law guidance stresses clear records of investigations and of communications with tenants.
• Respond to the consultation. It is open to landlords, tenants and agents until 11.59pm on 18 December 2026, by online survey or email to awaabslawconsultation@communities.gov.uk.

Also check the other rules that touch the same properties. Energy efficiency affects condensation risk, and our guide to EPC rules for landlords explains what applies now and what is only planned.

This guide explains the rules as published on 30 October 2026; for a specific property, check with your local council or a qualified professional.