Damp, Mould, and Hazards: The New Legal Standards for Private Landlords
The Renters’ Rights Act 2025 has brought two major new frameworks into the private rented sector that directly affect how landlords must deal with damp, mould, and property hazards: Awaab’s Law and the Decent Homes Standard.
Awaab’s Law: mandatory timeframes for action
Awaab’s Law was introduced following the tragic death of two-year-old Awaab Ishak from prolonged exposure to mould in a social housing property. It has now been extended to the private rented sector.
The law sets strict timeframes that landlords must meet when a tenant reports a hazard such as damp, mould, or other health risks:
- Investigate the hazard within 14 days of receiving a report
- Begin repair work within 7 days of completing the investigation (if required)
- Complete emergency repairs within 24 hours where there is an immediate risk to health
Failure to comply with these timeframes can result in significant financial penalties and, in serious cases, criminal proceedings. Tenants can also seek compensation through the courts.
The Decent Homes Standard in the private rented sector
For the first time, the Decent Homes Standard now applies to privately rented properties in England. Previously, this standard applied only to social housing. It requires that all rental properties:
- Are free from serious hazards (Category 1 hazards under HHSRS)
- Are in a reasonable state of repair
- Have reasonably modern facilities (kitchens, bathrooms, and heating systems)
- Provide effective insulation and adequate heating to maintain thermal comfort
Local councils are responsible for enforcement. They now have stronger powers to inspect properties, issue improvement notices, and impose civil penalties where the standard is not met.
What causes damp and mould?
Damp and mould in rented properties most commonly result from one or more of the following:
- Condensation — caused by insufficient ventilation, cold surfaces, and high indoor humidity from cooking, showering, and drying clothes indoors
- Rising damp — moisture travelling up from the ground through walls and floors, usually due to a failed or absent damp-proof course
- Penetrating damp — water coming in through the external fabric of the building (roof, walls, windows) due to structural defects
Under the new standards, the cause matters. Condensation that results primarily from tenant behaviour (insufficient ventilation) is still the tenant’s responsibility to manage — but structural damp is the landlord’s to fix, and the new timeframes apply.
Reporting a problem: what tenants should do
Report damp, mould, or any other hazard to your landlord or letting agent in writing as soon as you notice it. Keep a record of all communications, including photos and dates. If your landlord does not respond within the required timeframes, you can:
- Contact your local council’s housing enforcement team
- Refer the matter to the Private Rented Sector Ombudsman
- Apply to the First-tier Tribunal for a Rent Repayment Order in serious cases
What landlords need to do
Landlords should ensure they have a clear process for receiving and responding to maintenance reports, with documented timelines. Properties should be inspected regularly and any damp or mould issues addressed promptly — not just treated cosmetically. A proper investigation of the underlying cause is now a legal requirement, not good practice.
At Elliot Oliver, we manage maintenance for our landlord clients with these standards built in. If you have concerns about a property you let or rent, get in touch with our team.
