
There is a lot of confusion about Awaab’s Law and private landlords — including from sources that ought to know better. Several recent articles state that the damp and mould timeframes now apply to the private rented sector. That is not correct, and acting on it could cost you money you did not need to spend yet.
Here is the accurate position, what is genuinely coming, and what you should be doing now regardless.
What Awaab’s Law is
Awaab’s Law is named after Awaab Ishak, a two-year-old who died in December 2020 after prolonged exposure to mould in his family’s housing association flat in Rochdale. The coroner found the mould had been reported repeatedly and not remedied.
The law sets fixed, legally enforceable timeframes for investigating and fixing serious housing hazards. It sits in section 10A of the Landlord and Tenant Act 1985, inserted by the Social Housing (Regulation) Act 2023.
The critical word there is social. That is the sector it currently covers.
Where it actually applies today
Phase 1 came into force for social landlords only on 27 October 2025, covering all emergency hazards and damp and mould hazards presenting a significant risk of harm.
The timeframes social landlords must meet:
- Emergency hazards — investigate and carry out safety work within 24 hours
- Significant damp and mould — investigate within 10 working days
- Written summary to the tenant within 3 working days of the investigation concluding
- Safety work within 5 working days of the investigation concluding
- Preventative work to begin within 5 working days, or as soon as practicable and within 12 weeks
- Alternative accommodation at the landlord’s expense if the home cannot be made safe in time
Two further phases are scheduled for the social sector. Phase 2 comes into force on 30 November 2026, extending to excess cold and heat, falls, structural collapse, fire and electrical hazards, and hygiene. Phase 3 in 2027 covers the remaining HHSRS hazards apart from overcrowding.
Why private landlords are not covered yet
The Renters’ Rights Act 2025 contains the legal hooks to extend Awaab’s Law to the private rented sector. That is real — the power exists.
But a power is not a duty. Secondary legislation is required to set which hazards are in scope and what the timeframes will be for private landlords. That legislation has not been made, and the Government has not confirmed a date.
The Government has said it recognises the differences between social housing and the private rented sector, and will apply the law in a way that is fair and proportionate for both landlords and tenants. That suggests the PRS timeframes may not be identical to the social ones.
Current expectation is that this arrives in phase three of the Renters’ Rights Act rollout, in 2027 at the earliest. Shelter’s professional guidance says the same.
The misinformation problem
Being direct about this, because landlords are being misled.
Articles are circulating that state Awaab’s Law “now extends into the private rented sector” and set out binding statutory deadlines for private landlords. Some list specific investigation periods as though they are already enforceable against you.
They are not. Check the source of anything that tells you otherwise, and look for a citation to the actual regulations. If it does not name the statutory instrument, treat it with caution.
Why it matters: landlords are being pushed towards emergency spending and process changes on a timetable that does not exist yet, which is money and effort better spent on the obligations that do already apply.
What already binds you — and it is not nothing
This is the part the “it does not apply yet” reassurance can obscure. Private landlords already have substantial duties on damp and mould.
Homes (Fitness for Human Habitation) Act 2018
Your property must be fit for human habitation at the start of and throughout the tenancy. Damp and mould are expressly among the matters that can make a property unfit. Tenants can take a landlord to court directly under this Act — they do not need the council to act first — and can seek an order for works plus compensation.
Section 11, Landlord and Tenant Act 1985
The long-standing repairing obligation covering the structure and exterior, and installations for water, gas, electricity, sanitation and heating. Most damp arising from building defects falls here.
Housing Health and Safety Rating System
Local authorities can inspect, score hazards and serve improvement notices. Damp and mould growth is a category of hazard in its own right. Enforcement powers were strengthened in December 2025, giving councils wider investigatory reach including the ability to demand documents.
Rent repayment orders and civil penalties
The Renters’ Rights Act expanded local authority civil penalties, with breaches attracting up to £7,000 and offences up to £40,000.
So the honest summary is: the Awaab’s Law clock does not apply to you yet. The obligation to deal with damp and mould very much does.
The “tenant lifestyle” defence is finished
Worth flagging separately, because it is the single biggest cultural change.
The Awaab’s Law regulations and guidance explicitly reject the historic practice of attributing mould to a tenant’s lifestyle without proper investigation. Even though that framework does not bind you yet, it has reset expectations across the whole sector — for tenants, councils, and courts.
Responding to a mould complaint with “open a window and stop drying washing indoors” is now a weak position. If ventilation is genuinely inadequate, insulation is poor, or heating is ineffective, that is a property problem, not a tenant problem.
That does not mean tenant behaviour is never a factor. It means you have to investigate properly before concluding that it is.
What to do now
Not because Awaab’s Law compels you, but because it is coming and the underlying duties already exist.
- Log every report the day it arrives. Date, channel, what was reported, what you did. If the timeframes arrive, the clock will start from the report — through any reasonable channel, not just your preferred one.
- Respond in writing. A phone call leaves no record. An email or letter does.
- Investigate before you conclude. Look at ventilation, insulation, heating adequacy and the building fabric before considering occupancy factors.
- Photograph everything — the problem, the investigation and the remedy.
- Fix causes, not symptoms. A mould wash without addressing the source guarantees a repeat complaint and a worse record.
- Check ventilation across your portfolio. Extractor fans that work, trickle vents that open, no blocked airbricks. This is the cheapest preventative work available.
- Review your response times now. If you could not currently investigate within ten working days, that is worth solving before it becomes a statutory duty.
Frequently asked questions
Does Awaab’s Law apply to me as a private landlord right now?
No. It applies to social landlords. Extension to the private rented sector requires secondary legislation which has not yet been made.
When will it apply?
No date is confirmed. Expectation is phase three of the Renters’ Rights Act rollout, 2027 at the earliest. Treat any specific date you see quoted as speculation until regulations are published.
Will the timeframes be the same as social housing?
Not necessarily. The Government has said it will apply the law in a way that is fair and proportionate for the private sector, which suggests the detail may differ. The regulations will settle it.
What happens if I ignore a damp complaint in the meantime?
You remain exposed under the Homes (Fitness for Human Habitation) Act 2018, section 11 repairing obligations, and local authority enforcement under the HHSRS. Tenants can bring a claim directly. “Awaab’s Law does not apply to me” is not a defence to any of those.
Does my tenant have to let me in to investigate?
Tenants are expected to allow access at reasonable times with at least 24 hours’ written notice. Where a tenant refuses access, record every attempt — that record protects you.
What about the Decent Homes Standard?
Separate but related. The Decent Homes Standard is due to apply to the private rented sector by 2035, setting minimum condition requirements. It is a longer-term change than Awaab’s Law.
- Awaab’s Law does not yet apply to private landlords
- In force for social landlords since 27 October 2025
- Social Phase 2 begins 30 November 2026; Phase 3 in 2027
- PRS extension needs secondary legislation — no date confirmed
- Expected 2027 at the earliest
- The Fitness for Human Habitation Act 2018 already applies to you
- Civil penalties up to £7,000, offences up to £40,000
Related Articles
- Are landlords responsible for mould in rentals?
- Landlord compliance deadlines 2026–2030
- Life after Section 21 — how possession works now
- The £7,000 Information Sheet deadline
RentalReadyUK produces plain-English compliance guides for private landlords in England, written against primary sources including GOV.UK and legislation.gov.uk. We separate what is law from what is proposed, and we date every page. This article is general information and not legal advice.
