Landlord obligations for damp and mould in rented homes
The legal framework around damp and mould has tightened significantly. A documented, timely response is now the difference between a routine repair and a regulatory or legal problem.
The legal framework
- Housing Health and Safety Rating System (HHSRS) — local councils assess damp and mould as a Category 1 or 2 hazard and can issue enforcement notices
- Homes (Fitness for Human Habitation) Act 2018 — tenants can take landlords directly to court for unfit conditions
- Section 11, Landlord and Tenant Act 1985 — duty to repair structure, exterior and services
- Decent Homes Standard — applies to social housing and from 2026 to the private rented sector
STM-0826 · Illustrative sample
From shared to resolved.
Case shared with landlord
Receipt acknowledged
Works completed
Case marked resolved
Nothing due. Reopen if the problem returns.
Reopening keeps every photograph, message and record from this case, so the history is there if the growth comes back.
Awaab's Law for social landlords
In force from 27 October 2025 for social landlords in England:
- Investigate any reported damp/mould hazard within 10 working days of the report
- Share written findings with the tenant within 3 working days of completing the investigation
- Investigate an emergency hazard and make the property safe within 24 hours
- Undertake the relevant safety work and make the property safe within 5 working days of the investigation concluding
- All timings are working days (Mon–Fri), not calendar days.
What private landlords must do
Private landlords in England are not under Awaab's Law at the review date; the statutory timeframes apply to registered providers of social housing. The government has said it intends to extend equivalent duties to the private rented sector, but no regulations are in force. Private landlords remain bound by section 11, the Homes (Fitness for Human Habitation) Act 2018 and HHSRS enforcement by the council. Check GOV.UK for the current position before relying on any date.
How to respond to a tenant report correctly (best practice)
- Acknowledge the report in writing within 1–2 working days
- Inspect within 10 working days — document with photos, moisture readings and a written summary
- Share findings with the tenant in writing within 3 working days of the inspection
- Schedule works proportionate to the hazard and confirm dates
- Keep every email, report and photo — this becomes your audit trail
Why acting fast reduces liability
A documented, prompt response defeats most disrepair claims at source. The Housing Ombudsman's spotlight reports show that landlords who lose are almost always landlords who couldn't produce evidence of a timely investigation.
How Stop The Mould helps landlords respond better
Structured tenant intake (photos, dates, location), independent triage, and a clean audit trail you can hand to your asset manager, an Ombudsman investigator or counsel. See our landlord compliance platform.
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