Guides
Landlord obligations: damp and mould in rental properties (2025)
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
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
- Begin emergency safety work within 24 hours where there is a significant and immediate health risk
- Begin safety work on confirmed significant hazards within 5 working days of the investigation report
- All timings are working days (Mon–Fri), not calendar days.
What private landlords must do
Private landlords are not directly under Awaab's Law yet — these statutory timeframes apply to social landlords in England. The Renters' Rights Bill and Decent Homes extension are expected to bring equivalent obligations to the private sector. In the meantime, a council that finds a Category 1 damp and mould hazard can issue an Improvement Notice under HHSRS — ignoring it is a criminal offence.
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.
See the landlord compliance platform