Damp, Mould and Awaab’s Law: What Private Landlords and Letting Agents Need to Know

Damp and mould have long been concerns in rented properties. However, growing awareness of the health risks, together with changes to housing legislation, means greater attention is now being paid to how these problems are identified, investigated and dealt with.

With the Government consulting on extending Awaab’s Law to the private rented sector in England, landlords and letting agents need to understand what is changing, their existing responsibilities and the importance of identifying concerns early.

Awaab’s Law for Private Landlords: What Is Changing?

Awaab’s Law was introduced following the tragic death of two-year-old Awaab Ishak in 2020, after prolonged exposure to mould in his family’s social housing accommodation.

The legislation came into force for qualifying hazards in social housing in England on 27 October 2025, introducing strict timescales for investigating and making safe significant damp and mould hazards and emergency hazards.

The Renters’ Rights Act 2025 provides for these protections to be extended to the private rented sector.

On 9 October 2026, the Government launched a consultation on extending Awaab’s Law, looking at how the requirements should apply to private landlords, including investigation procedures, repair timescales and implementation.

Importantly, the specific Awaab’s Law requirements are not yet in force for private rented tenancies in England.

The Government has indicated that 2027 is the earliest feasible implementation date, although the final requirements and commencement date have yet to be confirmed.

The consultation is open until 18 December 2026.

Existing Responsibilities for Damp and Mould

Although Awaab’s Law has yet to be extended to the private rented sector, landlords already have legal responsibilities for the condition, repair and safety of their properties.

These include obligations under the Housing Act 2004 and the Landlord and Tenant Act 1985, as amended by the Homes (Fitness for Human Habitation) Act 2018.

The proposed extension of Awaab’s Law would introduce clearer legal timescales and procedures for dealing with qualifying hazards, rather than replace existing responsibilities.

Landlords should therefore not wait for the new legislation before investigating and addressing damp and mould concerns.

Understanding the Risks

Damp and mould are more than cosmetic or general maintenance issues. They can present serious health risks, particularly for young children, older people and those with existing respiratory conditions or weakened immune systems.

Damp can have several causes, including water penetration, plumbing leaks, inadequate heating, poor insulation, ineffective ventilation and condensation. Sometimes, more than one factor may be involved.

Although often associated with winter, damp and mould can occur throughout the year. Persistent moisture and poor ventilation can allow mould to develop even during warmer months.

The Government’s guidance on damp and mould also makes clear that these problems should not automatically be blamed on tenant behaviour. Everyday activities such as cooking, bathing and drying laundry naturally produce moisture, and possible defects with the property must also be considered.

Identifying the underlying cause is important if the problem is to be properly addressed.

The Importance of Early Identification and Property Inspections

Regular property inspections can help identify maintenance concerns before they become more serious.

A detailed check-in inventory provides an independent record of the property's condition at the start of a tenancy, including any visible signs of damp, mould, staining or existing defects.

During the tenancy, interim inspections provide an opportunity to identify changes in condition and highlight concerns that may otherwise go unnoticed or unreported.

Tenants may not always recognise the early signs of a developing problem, or may simply not have reported them to their landlord or managing agent.

Where concerns have not been reported or otherwise identified, landlords and managing agents may remain unaware of developing problems, delaying investigation and allowing further deterioration.

An independent interim inspection can help bring these concerns to attention earlier, allowing landlords and managing agents to arrange appropriate investigation and action before problems become more serious or costly to resolve.

At Oakwood Inventories, our inspections are based on clear, factual written descriptions supported by photographs. Visible signs of damp, mould and other maintenance concerns are recorded and reported. Where a potentially serious issue is identified, this should also be brought promptly to the attention of the managing agent or landlord, rather than relying solely on the completed report.

There is, however, an important difference between identifying a problem and establishing its cause.

Our inspections are visual and non-invasive, covering reasonably accessible areas and recording the condition observed at the time. We do not carry out specialist damp investigations, diagnose the causes of moisture problems or recommend technical repairs.

Where concerns are identified, it remains the landlord's responsibility to ensure any necessary further investigation and remedial work are arranged, either directly or through their managing agent. Where appropriate, this may involve a suitably qualified specialist.

An interim inspection cannot guarantee that every hidden or developing problem will be identified, but it provides an additional opportunity to bring previously unreported concerns to attention.

Conclusion

For landlords and letting agents, identifying potential damp and mould concerns early provides an opportunity to investigate and address problems before further deterioration occurs.

Independent check-in inventories and interim inspections can play a valuable part in this process, particularly where issues have not previously been reported.

At Oakwood Inventories, we believe accurate reporting and early identification can make a real difference to the ongoing management and condition of rented properties.

You can also read our earlier article, Why Interim Inspections Matter Under the Renters’ Rights Act.

Professional Inventory Services from Oakwood Inventories

Oakwood Inventories has been producing independent professional inventory reports across London, Hertfordshire and Buckinghamshire since 1994.

Over more than three decades Oakwood Inventories have inspected a wide range of residential rental properties. That experience has reinforced one simple principle: the quality of an inventory report depends entirely on the level of detail recorded at the commencement of the tenancy.

At Oakwood Inventories, the approach has always remained the same - detail, detail, detail.

Professional Standards

Oakwood Inventories is a member of the Association of Independent Inventory Clerks (AIIC) and operates within The Property Ombudsman, supporting independent and evidence-based inventory reporting in accordance with recognised industry principles.

Further Information

Landlords, letting agents and property managers requiring an independent professional inventory service are welcome to contact Oakwood Inventories for further information.

Website: https://www.oakwood-inventories.com

Email: info@oakwood-inventories.com