Awaab's Law and Damp: What Private Landlords Must Do and What It Costs
Awaab's Law has set fixed repair deadlines for social landlords since 27 October 2025: investigate a damp and mould report within 10 working days, write to the tenant within 3 working days and complete the safety work within 5. It does not yet apply to private landlords; the Renters' Rights Act 2025 gives the government the power to extend it, with no date set. The Homes (Fitness for Human Habitation) Act 2018 and the Housing Act 2004 already bind every private landlord in England, and the September 2023 government guidance says lifestyle is not an excuse. Below: the timescales, the duties already in force, the three kinds of damp, and what a damp survey and each fix costs in 2026.
In this guide
What Awaab's Law is The Awaab's Law timescales since 27 October 2025 When Awaab's Law reaches private landlords Damp and mould: a private landlord's responsibility today What a tenant can do about damp now The three causes of damp and how to tell them apart Damp survey cost and what the fixes cost A record-keeping routine for repair requests Frequently asked questionsWhat Awaab's Law is
Awaab's Law is section 42 of the Social Housing (Regulation) Act 2023, named after Awaab Ishak, who was two when he died in December 2020 after prolonged exposure to mould in his family's housing association flat in Rochdale. Section 42 inserted section 10A into the Landlord and Tenant Act 1985: an implied term in every social housing tenancy that the landlord will meet "prescribed requirements" about hazards, with the detail left to regulations. The first regulations came into force on 27 October 2025.
A tenant enforces it like any other term of the tenancy: a complaint, then the ombudsman or a breach of contract claim. For private tenants that will eventually be the new ombudsman in the database and ombudsman guide, expected in 2028.
The Awaab's Law timescales since 27 October 2025
Phase 1 covers all emergency hazards except those arising from a lack of adequate space for living and sleeping, plus damp and mould that presents a significant risk of harm.
| Step | Deadline | Clock starts |
|---|---|---|
| Emergency hazard (imminent and significant risk) | Investigate and make safe within 24 hours | Landlord becomes aware |
| Significant damp and mould: investigate | Within 10 working days | Landlord becomes aware |
| Written summary of findings to the tenant | Within 3 working days | Investigation ends |
| Complete the safety work | Within 5 working days, or as soon as reasonably practicable if the landlord rehouses the tenant at its own expense | Investigation ends |
| Further work to stop it recurring | Begin within 5 working days, or as soon as practicable and within 12 weeks | Investigation ends |
| Work cannot be done in time | Landlord must secure and pay for suitable alternative accommodation | Until the work is complete |
A working day is any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales (regulation 2). Source: the 2025 regulations and the GOV.UK guidance for social landlords, checked September 2026.
Phase 2 is due on 30 November 2026 under the amendment regulations laid in 2026, adding excess cold and heat, falls, structural collapse, explosions, fire and electrical hazards and domestic hygiene. Phase 3, in 2027, brings in every remaining HHSRS hazard except overcrowding.
When Awaab's Law reaches private landlords
Section 60 of the Renters' Rights Act 2025 rewrites section 10A to cover any lease of a dwelling in England for less than seven years, which is every ordinary private tenancy. As at September 2026, legislation.gov.uk shows section 60 as not yet in force and the government's implementation roadmap lists Awaab's Law for the private rented sector as "TBC, subject to consultation". There is no date; 2027 is the earliest realistic point.
The rest of the Act is here: the tenancy reforms commenced on 1 May 2026, section 21 no-fault evictions ended the same day, and the landlord database opens on 15 December 2026. The Renters' Rights Act cost guide prices each change and the readiness checker shows what is outstanding. On damp, adopt the 10, 3 and 5 working day timescales now: they cost nothing and they are what a judge will treat as reasonable.
Damp and mould: a private landlord's responsibility today
Four things already bind a private landlord in England.
- Homes (Fitness for Human Habitation) Act 2018. From 20 March 2019 for new tenancies and 20 March 2020 for existing periodic ones, every tenancy under seven years carries an implied term that the property is fit for human habitation when let and stays fit. Freedom from damp and ventilation are among the tests in section 10 of the 1985 Act. You are responsible from the moment you are told and must act within a reasonable time, unless the tenant's own breach, or fire, storm or flood, caused it.
- Section 11 of the Landlord and Tenant Act 1985. Keep the structure and exterior in repair, including drains, gutters and external pipes, and keep the water, heating and sanitation installations working.
- Housing Act 2004 and the HHSRS. Councils assess rented homes against the hazard list (21 hazards in the current GOV.UK guide, reduced from 29); damp and mould growth is one. A category 1 hazard puts the council under a duty to act.
- The September 2023 guidance. Published on 7 September 2023 by the housing ministry, the Department of Health and Social Care and the UK Health Security Agency, updated on 1 April 2026, and applying to private landlords, it says it is "totally unreasonable to blame damp and mould in the home on 'lifestyle choices'" and that landlords should not wait for medical evidence before acting.
What a tenant can do about damp now
A private tenant with damp in September 2026 has three routes, and each costs more than the repair.
| Route | What happens | What it can cost the landlord |
|---|---|---|
| Complaint to the council (Housing Act 2004) | HHSRS inspection, then a hazard awareness notice, an improvement notice allowing at least 28 days to start the work, or a prohibition order; for an imminent risk the council does the work and recovers the cost | Ignoring an improvement notice is an offence with a civil penalty of up to £40,000 since 1 May 2026, plus enforcement costs |
| Rent repayment order | Ignoring an improvement notice or prohibition order is a rent repayment offence; the tenant applies to the tribunal | Up to two years' rent since the Renters' Rights Act: £28,800 on a £1,200 a month let |
| County court claim (2018 Act and section 11) | An order to do the works plus damages, usually 25 to 50 percent of rent for the affected period for moderate to serious damp, as reported by disrepair solicitors | Reported settlements of £1,500 to £12,000 plus the tenant's legal costs |
| Private rented sector ombudsman | Not yet operating; the roadmap expects mandatory membership in 2028 | Fees and limits not yet set |
Sources: Housing Act 2004 sections 30 and 249A, Housing and Planning Act 2016 section 40, the HHSRS landlord guide and the Renters' Rights Act roadmap, September 2026; compensation figures as reported by claims firms.
The three causes of damp and how to tell them apart
The government guidance describes condensation, penetrating and rising damp, plus leaks, which it calls traumatic damp. Condensation is by far the most common in rented homes and the cheapest to fix; rising damp is the rarest and the most often misdiagnosed, usually by someone selling an injected damp-proof course.
| Type | Where and when | What you see | Usual fix |
|---|---|---|---|
| Condensation | Cold external walls, corners, behind wardrobes, window reveals, bathroom ceilings; worst from October to March | Speckled black mould, streaming windows, a musty smell, no tide mark and no salts | Humidistat fans or a positive input ventilation unit, steadier heating, insulation on cold walls, then treat the mould |
| Penetrating | Any floor, below a gutter, chimney, sill or flat roof; worse after rain | A defined patch that grows with the weather, blown or stained plaster, tracking an external defect | Fix the defect: gutters, pointing, flashing, seals; let the wall dry before redecorating |
| Rising | Ground floor only, on walls in contact with the ground, rarely above about a metre | A horizontal tide mark with white salts, rotting skirting, plaster crumbling at low level | Check ground levels, a bridged damp-proof course, blocked air bricks and drains first; injection is the last resort |
Based on the GOV.UK damp and mould guidance, September 2026. A leak shows as a patch that ignores the weather.
Damp survey cost and what the fixes cost
The survey figure is for an independent surveyor, one who does not sell the treatment; a free survey from a damp-proofing company is a sales visit that usually ends in a quote for injection.
| Item | Typical cost, September 2026 | Notes |
|---|---|---|
| Independent damp survey with written report | £150 to £400 | £400 to £700 for a large, old or London property; specialist testing £600 to £1,200 |
| Professional mould treatment, one room | £100 to £300 | Whole property £700 to £1,100; anti-mould paint £20 to £50 per room |
| Humidistat extractor fan | £150 to £300 each | Like-for-like swap £80 to £150; new ducting £250 to £450; inline loft fan £350 to £600 |
| Positive input ventilation unit, fitted | £600 to £1,000 | Unit alone £350 to £700; a pre-heater adds £250 to £500 |
| Gutter repair | £180 to £250 | £40 to £50 per metre; all the gutters on a two-bed terrace £1,050 to £1,300 in uPVC |
| Repointing | £20 to £50 per square metre | One elevation £1,000 to £2,500; lime mortar adds £10 to £25 per square metre |
| Chemical damp-proof course with replastering | £1,000 to £3,000 | Injection alone £60 to £90 per linear metre; replastering £450 to £800 per room |
| Tanking a cellar or below-ground wall | £90 to £220 per square metre | A small cellar £3,000 to £6,500 |
Prices include VAT and labour, England outside London, September 2026; London and the South East run 10 to 30 percent higher.
A survey, a mould treatment and two fans come to about £600 to £900 and solve most condensation cases for good. Injection and tanking are only right when an independent survey says so. The other side: a £1,200 a month property where mould was reported in October and treated the following June is eight months at 30 percent of rent, £2,880 in damages before health, belongings, legal costs or the council. Most policies exclude gradual damp (see the landlord insurance guide), so budget for it as maintenance in the running cost guide and the yield calculator.
The same work counts twice: wall insulation and controlled ventilation are what the EPC C by 2030 planner recommends, and every private rental in England and Wales needs an EPC C by 1 October 2030 under a £10,000 cost cap; the EPC C cost guide prices the measures.
A record-keeping routine for repair requests
Every route above turns on when the landlord knew and what they did next. A routine that mirrors the Awaab's Law timescales answers that in advance; put the dates in the compliance calendar.
- Day of the report. Log the date, channel, who reported it, what they said, and photos. A text or a remark during a visit counts.
- Within 1 working day. Acknowledge in writing and say when you will inspect. Never suggest the tenant caused it.
- Within 10 working days. Inspect or send a surveyor; photograph every affected surface and note the weather.
- Within 3 working days of inspecting. Write to the tenant with what you found, the likely cause, what you will do and by when.
- Within 5 working days. Finish the work that makes the home safe, or, if that is impossible, record the quote and the date offered and chase it.
- Afterwards. Photograph the finished job, keep invoices, and diarise a check 8 to 12 weeks later. Add an annual gutter clean and fan check next to the gas check, the EICR and the other certificates.
- Keep the file for six years after the tenancy ends, the limitation period for a contract claim under the Limitation Act 1980. It is the register the ombudsman will ask for from 2028.
Frequently asked questions
Does Awaab's Law apply to private landlords?
Not yet. It has applied to social landlords since 27 October 2025. Section 60 of the Renters' Rights Act 2025 extends it to private tenancies but is not in force, the date is subject to consultation, and 2027 is the earliest realistic point.
What are the Awaab's Law timescales?
Emergency hazards: investigate and make safe within 24 hours. Significant damp and mould: investigate within 10 working days of becoming aware, give the tenant a written summary within 3 working days of the investigation ending, and complete the safety work within 5 working days after that, unless the landlord rehouses the tenant at its own expense while the work runs on.
How much does a damp survey cost?
£150 to £400 for an independent surveyor's inspection and written report on most homes in September 2026, £400 to £700 for a large, old or London property, and £600 to £1,200 for specialist testing.
Is damp and mould the landlord's responsibility or the tenant's?
The landlord's, in almost every case. Since 20 March 2019 every private tenancy carries an implied term that the property is fit for human habitation, and freedom from damp and ventilation are part of the test. The 2023 guidance calls blaming lifestyle "totally unreasonable".
What can a tenant do if I do not fix damp?
Complain to the council, which can serve an improvement notice giving at least 28 days to start the work and, if you ignore it, a civil penalty of up to £40,000. The tenant can then seek a rent repayment order of up to two years' rent, or claim damages in the county court of typically 25 to 50 percent of rent for the affected period.
What does it cost to fix condensation mould?
Usually £600 to £900: a mould treatment at £100 to £300 and one or two humidistat fans at £150 to £300 each. A positive input ventilation unit at £600 to £1,000 fitted covers a whole house. A damp-proof course at £1,000 to £3,000 is only worth paying for when a survey confirms rising damp.
Sources
Social Housing (Regulation) Act 2023, section 42; the 2025 regulations and the 2026 amendment regulations; GOV.UK Awaab's Law guidance for social landlords; Renters' Rights Act 2025, section 60, the implementation roadmap and the guide to the Act; the GOV.UK guide to the Homes (Fitness for Human Habitation) Act 2018; Landlord and Tenant Act 1985, section 11; the HHSRS landlord and agent guide; Housing Act 2004, section 249A and Housing and Planning Act 2016, section 40; the damp and mould guidance; Limitation Act 1980, section 5; published trade price guides and surveyors' quotes, September 2026. See the methodology.