Damp, Mould and Awaab’s Law: Your Repair Rights as a London Tenant in 2026

In December 2020, 2-year-old Awaab Ishak died from a severe respiratory condition caused by prolonged exposure to mould in his family’s social housing home in Rochdale. His family had repeatedly raised concerns with their landlord before his death. The case exposed serious failures in how some landlords investigated and responded to damp and mould.

The first phase of Awaab’s Law came into force on 27 October 2025. It introduced legally enforceable deadlines for social landlords in England to investigate and make safe significant damp and mould hazards and all emergency hazards. For London tenants living with these conditions, understanding when the deadlines apply and what to do when a landlord misses them is essential.

What Is Awaab’s Law?

Awaab’s Law was introduced through the Social Housing (Regulation) Act 2023. It amended the Landlord and Tenant Act 1985 so that relevant social housing tenancy agreements include an implied requirement for landlords to comply with the repair duties and timescales set by regulations.

This means compliance is not simply a target or code of good practice. When Awaab’s Law applies, a failure to meet its requirements can amount to a breach of the tenancy agreement, allowing the tenant to take legal action.

Our article on Awaab’s Law vs the Environmental Protection Act explains how the different legal routes interact.

Who Is Covered in June 2026?

Awaab’s Law currently applies to most social housing in England occupied under a tenancy and provided by a registered social landlord. This includes most council and housing association tenancies.

It may also cover some supported or temporary accommodation where the occupier has a qualifying social housing tenancy. It does not generally apply where someone occupies accommodation under a licence, so the agreement should be checked carefully.

Phase 1 currently covers:

• All emergency hazards for which the landlord is responsible.
• Damp and mould hazards that present a significant risk of harm.

The Government intends to extend the social housing regulations later in 2026 to cover significant hazards involving excess cold or heat, falls, structural collapse, explosions, fire, electrical safety, hygiene and food safety. An exact national commencement date for this second phase has not yet been confirmed in the official guidance. A further expansion is planned for 2027 to cover the remaining Housing Health and Safety Rating System hazards, apart from overcrowding.

Does Awaab’s Law Apply to Private Landlords?

Not yet.

The Renters’ Rights Act 2025 created the legal framework for Awaab’s Law to be extended to privately rented homes. However, the detailed regulations setting out the hazards, deadlines and commencement date for private landlords have not yet taken effect.

The Government has said it will consult on how the rules should apply to the private rented sector. Private tenants should therefore not rely on an assumed October 2026 commencement date unless it is confirmed through future regulations.

Private tenants still have important rights under existing legislation, including:

• The Homes (Fitness for Human Habitation) Act 2018.
• Section 11 of the Landlord and Tenant Act 1985.
• The Environmental Protection Act 1990.
• Local authority enforcement under the Housing Health and Safety Rating System.

Our housing disrepair solicitors can advise on which route applies to your tenancy and housing conditions.

The Current Awaab’s Law Deadlines

The original proposal included different periods, but the regulations that took effect in October 2025 use the following deadlines:

If your landlord cannot make your home safe within the relevant 24-hour or 5-working-day period, it must offer suitable alternative accommodation at no cost until the necessary safety work is completed.

Our guide to Awaab’s Law Stage 1 deadlines, triage, and landlord response times explains how each stage works.

What Counts as an Emergency Hazard?

An emergency hazard presents an imminent and significant risk to someone’s health or safety. Depending on the household and circumstances, examples may include:

• A gas or carbon monoxide leak.
• Exposed electrical wiring.
• A major water leak creating an electrical or structural danger.
• A broken boiler during cold weather.
• A total loss of water.
• Serious structural instability.
• Broken external doors or windows that make the property unsafe.
• Severe damp or mould causing an immediate health risk.

The landlord must consider the people living in the property. A heating failure may be particularly urgent where the household includes a baby, an elderly person or someone with a serious health condition.

The 24-hour requirement is to investigate and make the home safe. A permanent repair may sometimes take longer, but interim safety work or alternative accommodation must be provided where necessary.

What Counts as a Significant Damp or Mould Hazard?

Not every small patch of condensation will automatically meet the statutory definition. A significant hazard is one that creates a risk of harm which a reasonable landlord would treat urgently after considering:

• The scale and location of the damp or mould.
• Whether it is spreading or recurring.
• The cause of the problem.
• The age and health of the occupants.
• The effect on the household.
• The likelihood and seriousness of harm.

A tenant does not need to provide medical evidence before the landlord acts. However, information about asthma, respiratory conditions, disability, pregnancy, age or other vulnerabilities can help the landlord assess how urgently the problem must be handled.

Our article on damp and mould under Awaab’s Law — investigation standards, interim measures, and decanting explains what a proper response should involve.

The “Tenant Lifestyle” Argument

Official guidance says it is unacceptable for a social landlord to assume damp or mould is caused by a tenant’s “lifestyle” and then fail to investigate.

Everyday activities such as cooking, bathing, washing and drying clothes naturally create moisture. These activities will not usually amount to a breach of the tenancy.

The landlord must examine whether the hazard results from matters within its responsibility, such as:

• Leaking roofs, gutters or pipes.
• Defective damp-proofing.
• Inadequate ventilation.
• Poor insulation.
• Faulty windows.
• Structural defects.
• A broken or inadequate heating system.

Where poor ventilation, insulation or another building deficiency is responsible, the landlord must address the underlying cause rather than simply wiping away mould or advising the tenant to open windows.

How to Start the Legal Timeframes

Awaab’s Law deadlines begin when the social landlord becomes aware of a potential hazard. You do not have to use a formal complaint form before the clock begins.

A landlord may become aware because:

• You report the problem.
• Someone reports it for you.
• A contractor discovers it.
• A housing officer sees it during a visit.
• Another authority or organisation alerts the landlord.
• The landlord discovers it while investigating another issue.

Even so, reporting the problem in writing is strongly recommended because it creates evidence of what was reported and when.

Your report should explain:

• Where the damp or mould is.
• When it started.
• Whether it has spread.
• Whether possessions have been damaged.
• How it affects the household.
• Whether anyone has health conditions or additional vulnerabilities.
• Whether the problem has been reported before.

Our guide to reporting hazards to trigger Awaab’s Law timelines explains how to prepare a clear report.

What Evidence Should You Keep?

Keep your own record of:

• Emails, letters and repair reports.
• Reference numbers.
• Dated photographs and videos.
• Missed appointments.
• Inspection reports.
• Medical records or prescriptions where relevant.
• Damaged belongings.
• Additional heating or cleaning costs.
• Time during which rooms could not be used.
• Any temporary accommodation offered.

An independent surveyor’s report may be useful in a disputed or technically complex case, but it is not always necessary before raising a complaint or seeking advice.

Our article on communication duties to residents explains what information social landlords should provide, while our guide to evidence that wins disrepair and EPA cases explains how records may support a claim.

What Can Social Tenants Do If the Landlord Fails?

Start by using the landlord’s formal complaints procedure. This does not create the original Awaab’s Law deadline, but it provides a route for challenging the landlord’s failure.

If the final response does not resolve the problem, you may be able to complain to the Housing Ombudsman. The Ombudsman can investigate the landlord’s handling of the issue and may order practical remedies, apologies, compensation or service improvements.

You may also bring a court claim for breach of the term implied by Awaab’s Law. Depending on the case, the court may order the landlord to complete work and pay compensation.

The Pre-Action Protocol for Housing Conditions Claims sets out the steps normally followed before starting court proceedings. Tenants should obtain advice rather than beginning a claim without understanding the process.

What Can Private Tenants Do?

A private landlord must keep the property fit for human habitation throughout the tenancy. Damp, mould, poor ventilation, excess cold and structural problems can make a home unfit.

Section 11 of the Landlord and Tenant Act 1985 also places repair responsibilities on landlords covering matters such as the structure, exterior, installations for water, gas, electricity, sanitation and space heating.

Where damp or mould amounts to a statutory nuisance, you can ask your local authority’s environmental health team to investigate. The council may inspect the property and, where the legal tests are met, take enforcement action.

Our guide to using the EPA Part III statutory nuisance route when repairs stall explains the council route. Our landlord and tenant solicitors in London can advise on claims under the Homes Act and Landlord and Tenant Act.

Can You Claim Compensation for Previous Disrepair?

Potentially, yes.

Awaab’s Law can apply to existing hazards once the landlord becomes aware of them. Separate claims may also be available for earlier periods of disrepair or unfitness.

The time limit depends on the type of claim. Contractual housing disrepair claims are commonly subject to a 6-year limitation period, while personal injury claims are generally subject to a 3-year period. Different rules may apply to children, people lacking capacity and other circumstances.

You should obtain advice promptly rather than assuming the full history will automatically be recoverable.

Can Your Landlord Evict You for Complaining?

Section 21 no-fault evictions were abolished for new and existing private assured tenancies from 1 May 2026. A private landlord now normally needs to rely on a statutory possession ground and obtain a court order.

There is a transitional exception for some Section 21 notices served before 1 May 2026. These may still support court proceedings until the earlier of the notice’s expiry date or 31 July 2026, provided the notice and tenancy meet all legal requirements.

A landlord may still seek possession under a valid Section 8 ground, such as serious rent arrears, selling the property or moving into it. Reporting disrepair does not remove your obligation to pay rent.

If you believe possession action is retaliatory or legally defective, our tenant eviction solicitors can assess the notice. Where a wider dispute reaches court, our civil dispute solicitors can advise on representation.

Frequently Asked Questions

My social landlord missed the 10-working-day deadline. What should I do?

Record the failure in writing and use the landlord’s complaints process. Ask for the inspection findings, proposed safety work and completion dates. If the final response remains unsatisfactory, consider the Housing Ombudsman and obtain legal advice.

Does Awaab’s Law apply to every patch of mould?

The fixed significant-hazard deadlines apply where damp or mould presents a significant risk of harm. However, landlords retain wider repair, fitness and safety duties even where the statutory Awaab’s Law threshold is not met.

When will Awaab’s Law apply to private tenants?

The Renters’ Rights Act provides for its extension, but the private-sector deadlines and commencement date still require regulations and consultation. No confirmed October 2026 start date should currently be assumed.

My landlord says I caused the mould. What should I do?

Ask for a proper inspection and written findings. Keep evidence of the conditions and your reports. A landlord cannot refuse to investigate simply by describing ordinary household activity as a lifestyle issue.

Can I withhold rent?

Withholding rent is risky and may lead to rent arrears and possession proceedings. Continue paying unless a qualified adviser has given specific advice based on your case.

Where can I obtain advice?

A housing adviser or solicitors in London can review your tenancy, repair history, evidence and the remedies available.

Report the Problem and Protect Your Position

Damp and mould can cause or worsen respiratory symptoms, skin problems, stress and other health concerns. The risks may be particularly serious for babies, children, older people and people with existing health conditions.

At Atalaw Solicitors, we advise London tenants on damp, mould, housing disrepair, unsafe conditions and possession proceedings. We can help you identify the correct legal route, prepare evidence and pursue repairs or compensation where appropriate.

If compensation has been agreed or ordered but remains unpaid, our debt recovery solicitors in London can also advise on recovering the outstanding sum.

Contact us today for a clear discussion about your rights and the next steps available.