Guide
Landlord responsibility for mould: what Awaab's Law says
Since 27 October 2025, social landlords in England must investigate reported damp and mould within 10 working days and make a significant hazard safe within 5 working days of that. Private landlords are not yet covered, but must still keep the home fit to live in.
What Awaab's Law is
Awaab's Law is named after Awaab Ishak, who died aged two in December 2020 from a respiratory condition caused by prolonged exposure to mould in his family's social housing flat. The duty was created by the Social Housing (Regulation) Act 2023, and the detailed rules are in the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, in force from 27 October 2025.
It applies to registered providers of social housing in England, which means housing associations and councils that let their own homes. The requirements are implied into every social tenancy as terms of the agreement, so a tenant can enforce them in court as a breach of contract as well as complaining to the Housing Ombudsman.
The deadlines
The clock starts when the landlord is made aware of a potential hazard, which is why reporting in writing matters.
| Step | Deadline |
|---|---|
| Investigate a potential significant hazard | Within 10 working days of being made aware |
| Give the tenant a written summary of the findings | Within 3 working days of the investigation ending |
| Make a significant hazard safe | Within 5 working days of the investigation ending |
| Start further work to stop it coming back | Within 5 working days, or steps taken to start within 12 weeks |
| Emergency hazard: investigate and make safe | As soon as reasonably practicable, and within 24 hours |
The written summary has to say whether a hazard was found, what will be done and by when, or why nothing will be done, and how to contact the landlord. If making the home safe will take longer than the deadlines allow, the landlord must provide suitable alternative accommodation at its own expense until it is.
What counts as a significant hazard
A significant hazard is a risk of harm to the tenant's health or safety that a reasonable landlord, knowing the facts, would make safe as a matter of urgency. It is judged on the household actually living there, including their ages, health conditions and any disability, so the same mould in two flats can be significant in one and not the other.
The first phase covers damp and mould and all emergency hazards. The government's guidance sets out a second phase during 2026 adding hazards such as excess cold and heat, falls, fire and electrical safety, and a third in 2027 taking in the remaining hazards in the Housing Health and Safety Rating System, apart from overcrowding.
The guidance is clear on one point. It says it is unacceptable for a social landlord to assume damp and mould is caused by the tenant's lifestyle and fail to investigate on that basis.
Private renters in England
Awaab's Law does not yet apply to private landlords. The Renters' Rights Act 2025 allows it to be extended to the private rented sector, and the government opened a consultation on how to do that on 9 October 2026, closing on 18 December 2026. No start date has been set.
Private tenants are still protected. The Homes (Fitness for Human Habitation) Act 2018 requires landlords in England, private and social, to keep a rented home fit to live in from the start of the tenancy and throughout it, and serious damp and mould can make a home unfit. A tenant can take the landlord to court over it, or ask the council's environmental health team to inspect under the Housing Health and Safety Rating System, which can lead to the council requiring the work to be done.
Scotland and Wales
In Scotland, private landlords must meet the repairing standard in the Housing (Scotland) Act 2006. From 6 October 2026, private and social landlords there must investigate damp and mould reports within 10 working days, give a written summary within 3 working days, and start any repairs needed within 5 working days of the investigation. A private tenant whose landlord does not act can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a repairing standard enforcement order.
In Wales, the Renting Homes (Wales) Act 2016 requires landlords to keep a home fit for human habitation throughout the contract, and damp and mould growth is one of the matters that decides whether it is. Northern Ireland has separate rules of its own.
Condensation, and who has to deal with it
Wiping condensation off windows and cleaning a few spots of mould is generally reasonable for a tenant to do, using a mould and mildew product. The government's guidance on damp and mould is clear that this is not a substitute for the landlord looking at why it is happening.
The usual underlying causes are the landlord's responsibility: an extractor fan that does not work or was never fitted, single glazing, inadequate insulation, a heating system too weak to keep the home warm, or water getting in from outside. A proper response to a mould report investigates the cause rather than offering only advice about opening windows.
How to report it so the clock starts
- Put it in writing. Email, text or the landlord's online repairs form, and keep a copy. A phone call leaves no date anybody can prove.
- Show it. Dated photographs of each patch, with something in the frame for scale.
- Say who lives there. Mention children, pregnancy, asthma, other health conditions and anyone who is at home all day, because the law judges the hazard on the household.
- Note what has been tried. Ventilation, heating, cleaning, and whether the mould came back.
- Escalate in order. For social tenants, the landlord's complaints procedure and then the Housing Ombudsman. For private tenants in England, the council's environmental health team.
Common questions
Does Awaab's Law cover council tenants?
Yes. It applies to registered providers of social housing, and that includes councils that let homes as well as housing associations.
Who pays for mould treatment in a rented home?
Where the cause is a defect, such as a leak, a failed extractor or inadequate insulation, the landlord. Wiping condensation and small spots of mould off surfaces is usually a reasonable thing for a tenant to do.
Can my landlord evict me for reporting mould?
In England, section 21 no-fault evictions ended for private tenancies on 1 May 2026 under the Renters' Rights Act 2025, so a landlord now needs one of the legal grounds to end a tenancy. Reporting a repair is not one of them.
What if my landlord says it is my fault?
Ask for the investigation and the written findings. For social housing the guidance says landlords must not assume lifestyle is the cause, and for any tenancy an inspection by the council's environmental health team gives an independent view.
Can my landlord charge me for mould when I move out?
Only for damage the tenant caused beyond fair wear and tear, evidenced against the check-in inventory. Mould from a defect the landlord was told about is not the tenant's to pay for, and a disputed deduction goes to the deposit scheme's free adjudication.