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Awaab’s Law and private rented homes: what applies now, what is only proposed

Awaab’s Law, with its fixed deadlines for damp and mould, is in force for social housing only. For private landlords the government says it will extend it, and is consulting on how until 18 December 2026. Here is what is law, what is not, and what you can sensibly do now.

By The John Grants team8 min read

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Photo by Ozgu Ozden on Unsplash (opens in a new tab)

Awaab’s Law is in force for social housing in England. It is not in force for private rented homes. The government says it will extend it to private landlords, and on 9 October 2026 it published a consultation on how. Here is what is law today, what is only proposed, and sensible steps for damp and mould in the meantime.

The short version

  • In force now: fixed deadlines for investigating and fixing emergency hazards and significant damp and mould, for social landlords only, since 27 October 2025.
  • Decided in principle, detail still open: the government says it will apply Awaab’s Law to private tenancies. The timescales and start date are still out for consultation, which closes at 11.59pm on 18 December 2026.
  • Already law for private landlords: a duty to repair, a fitness for human habitation covenant, and councils must act on the most serious hazards. None has a fixed repair deadline.
  • Good practice: the checklist below is official guidance and our own suggestions, not a statement of your legal duties.

What is in force today: social housing only

The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 were made on 23 September 2025 and came into force on 27 October 2025. They apply to the landlords of social homes in England. In this first phase they cover emergency hazards and damp and mould that pose a significant risk of harm.

StepTimescale for social landlords
Emergency hazard: investigate and make safeWithin 24 hours
Significant damp and mould: investigateWithin 10 working days
Written summary to the tenantWithin 3 working days of the investigation ending
Significant hazard: make safeWithin 5 working days
Further work to stop it returningStart within 5 working days, or if that is not reasonably practicable, within 12 weeks

GOV.UK guidance for social landlords says a second phase extends the rules from 30 November 2026 to more hazards, such as excess cold, excess heat and falls. The regulations making that change are draft: the Lords approved them on 14 October 2026 and a Commons committee is due to consider them on 19 October 2026, so it has not happened yet. A third phase would cover the remaining hazards except overcrowding, and the consultation gives 2027 for it.

What the Renters’ Rights Act 2025 provides

The Act provides for Awaab’s Law to be extended to private tenancies, with the detail set by regulations. Section 60 amends section 10A of the Landlord and Tenant Act 1985 so that it can apply to leases of homes in England beyond social housing, including leases of less than seven years. Section 61 lets the government make regulations covering some homes occupied under a licence rather than a tenancy.

Legislation.gov.uk shows both sections as not yet in force. The consultation says regulations will need to be made before Awaab’s Law applies to private tenancies. Until then the Act gives no private landlord a new damp and mould deadline.

What the consultation proposes

The Ministry of Housing, Communities and Local Government published the consultation on 9 October 2026. It closes at 11.59pm on 18 December 2026, with a government response to follow. The extension itself is government policy. The options below are proposals and questions, not decisions.

ItemOptions the government is asking aboutSocial housing today
Investigate a significant hazard5, 10 or 15 working days10 working days
Written summary1, 3 or 5 working days3 working days
Make a significant hazard safe3, 5 or 10 working days5 working days
Emergency hazard12, 24 or 48 hours24 hours

The consultation also invites other periods. Other proposals include covering all rating-system hazards except overcrowding, and leaving out hazards caused by a tenant’s breach of their tenancy, with guidance that this does not excuse a landlord from acting on damp and mould. The consultation does not propose that councils would enforce the timescales directly. Under the Act, tenants could sue for breach of an implied term, and the courts could order repairs and compensation.

On timing, the consultation says the earliest feasible implementation date would be 2027 and asks whether it should be phased. Its impact assessment assumes three phases in 2028, 2029 and 2030, which it presents as a modelling assumption. Landlords are expected to be required to join the new private rented sector landlord ombudsman from 2028.

What private landlords must already do

The main existing duties do not come with a fixed repair deadline.

  1. The repair duty. Section 11 of the Landlord and Tenant Act 1985 makes landlords responsible for repairs to the structure, exterior, heating, hot water and certain installations in shorter tenancies. The consultation says repairs must happen within a reasonable period once the landlord knows, and that what is reasonable depends on the facts.
  2. Fitness for human habitation. Section 9A of the Landlord and Tenant Act 1985 implies a covenant that the home is fit for human habitation when the tenancy starts and will remain so during it. The landlord is not liable where the unfitness is wholly or mainly attributable to the tenant’s own breach of the tenancy. GOV.UK guidance says tenants can take their own action under the Act.
  3. Health and safety hazards. The Housing Act 2004 sets up a rating system for hazards in homes. Damp and mould growth is one of them. If a council considers a category 1 hazard exists, section 5 says it must take the appropriate enforcement action. The landlord guide to the rating system also says section 6A lets councils impose a civil penalty of up to £7,000.

The government’s damp and mould guidance says there is currently no specific timeframe for remedial work, but landlords should respond promptly and treat significant damp and mould, or a significant concern for a tenant’s health, as a matter of urgency.

A damp and mould checklist: good practice, not law

This list is guidance, not a statement of your legal duties, which are set out above and apply whatever you decide here. Work on heating, ventilation or windows is controlled work and must comply with the Building Regulations. The list follows GOV.UK’s damp and mould guidance, last updated on 1 April 2026, except where we say otherwise.

  1. Treat every report as a repair request. Log it, date it and tell the tenant what happens next and roughly when.
  2. Respond quickly. The guidance says to assess severity and risk, and not to wait for medical evidence.
  3. Record before you clean. Photograph and note where the mould is before anyone removes it, which helps to find the source.
  4. Find the cause. The guidance says that simply removing surface mould will not stop it coming back. Look at leaks, building defects, ventilation and heating.
  5. Check ventilation. Kitchens should have an extractor fan linked to the outside or to a central unit where possible, and the guidance also covers fans in bathrooms.
  6. Check the heating works. GOV.UK’s landlord and agent guide to the rating system, updated on 16 September 2026, links inadequate heating to damp and mould.
  7. Do not blame the tenant. The guidance says working with tenants on everyday habits must sit alongside tackling the root causes, and not be a substitute for it.
  8. Go back. The guidance says to allow at least six weeks after treatment before revisiting the home to check.
  9. Look between tenancies. The guidance says homes should be checked for damp and mould between tenancies, and advises checking neighbouring properties or ones with similar characteristics when a problem is reported.
  10. Our suggestion: use the social housing timescales in the table above as an internal target. The government has not asked private landlords to do this, and following them does not decide whether you meet your existing duties.

The landlord and agent guide also lists baseline indicators for councils and landlords, one of which is that no room has observable damp or mould growth, or deterioration of its internal finishes, exceeding 5% of the wall or ceiling surface. The guide does not say that failing it is automatically a category 1 hazard, but says a home that falls short of a baseline indicator has a deficiency that needs to be assessed.

What to watch

  • 30 November 2026: the date from which GOV.UK says the second phase of social housing rules is due to apply, if Parliament approves the draft regulations.
  • 18 December 2026, 11.59pm: the consultation on extending Awaab’s Law to private tenancies and licences closes. Landlords, agents and tenants can respond.
  • After that: a government response, then regulations. Neither has a date.

Our Renters’ Rights Act guide and landlord legislation guide cover the wider changes, and our page for tenants on repairs and problems shows how the same issues look from the other side. If you let a home in Edmonton, our Edmonton area guide shows what the area is like, and you can talk to our lettings team about how you would like your property managed.

Questions readers ask

Does Awaab’s Law apply to my privately rented property today?

No. The regulations in force since 27 October 2025 apply to social housing landlords in England. For private rented homes the government published a consultation on 9 October 2026 and regulations still need to be made, so there are no Awaab’s Law deadlines for private landlords at the moment. Private landlords do already have other duties on damp and mould, covered in this article.

What are a private landlord’s duties on damp and mould now?

The home must be fit for human habitation under section 9A of the Landlord and Tenant Act 1985, and councils must act where a category 1 hazard exists under the Housing Act 2004. Damp and mould growth is one of the hazards the rating system covers. GOV.UK guidance says there is currently no set timeframe for remedial work, but landlords should respond promptly and treat significant damp and mould, or a serious concern for a tenant’s health, as a matter of urgency. The consultation says landlords must carry out repairs within a reasonable period once told of a problem, and what is reasonable depends on the facts.

When might Awaab’s Law start for private landlords?

That has not been decided. The consultation closes on 18 December 2026 and says the earliest feasible implementation date would be 2027, and that the government has not yet decided whether to phase it. An impact assessment published with it assumes three phases in 2028, 2029 and 2030, but describes that as an assumption for its modelling.

Can a landlord blame the tenant for mould?

Not as a general rule. Section 9A of the 1985 Act excludes unfitness wholly or mainly attributable to the tenant’s own breach of the tenancy, and says the landlord need not do works the tenant is responsible for under the duty to use the property in a tenant-like manner. The government’s damp and mould guidance says it is unreasonable to blame damp and mould on tenants’ lifestyle choices and that landlords should look for the underlying cause, such as a building defect, poor ventilation or inadequate heating.

Sources

This article is general information, not legal or financial advice. Rules and figures change — check the sources linked above or speak to a qualified adviser before making a decision.

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