Let’s start with the thing most articles on this subject get wrong: Awaab’s Law does not currently apply to private landlords.
It came into force for social landlords on 27 October 2025 and is being rolled out there in three phases. The Renters’ Rights Act 2025 contains the power to extend it to the private rented sector, but that extension sits in a later implementation phase and the government has not confirmed a date. The Decent Homes Standard is a separate matter again — it is expected to apply to the PRS from 2035.
That is not a reason to relax. The duties that do already bind you — Section 11, the fitness for habitation regime, and the HHSRS — are in many ways broader than Awaab’s Law, and since Section 21 disappeared you can no longer sidestep a difficult disrepair complaint by ending the tenancy. This guide separates what applies now from what is coming, and sets out the timescales you should be working to.
Key takeaways
- Awaab’s Law applies to social housing only at present. Phase 1 started 27 October 2025, covering emergency hazards and significant damp and mould.
- Extension to the private rented sector is provided for in the Renters’ Rights Act but sits in a later phase with no confirmed commencement date.
- The Decent Homes Standard is expected to apply to the PRS from 2035, following the government’s clarification in January 2026.
- What binds you today: Section 11 of the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018, and council enforcement under the HHSRS.
- Around 21% of privately rented homes fail the Decent Homes Standard — the highest of any tenure — and damp affects roughly 10% of the sector.
- Section 21 is gone. A tenant who complains about damp can no longer be moved on without a fault ground.
- Adopting the social-sector timescales voluntarily is the cheapest way to be ready — and it is strong evidence of reasonable conduct if a claim ever lands.
What Awaab’s Law actually requires
Awaab’s Law is named after Awaab Ishak, the two-year-old who died in December 2020 from a respiratory condition caused by prolonged mould exposure in a housing association flat in Rochdale. The coroner’s findings led directly to the legislation.
It works by writing fixed timescales into social tenancy agreements. Phase 1, in force since 27 October 2025, covers emergency hazards and damp and mould presenting a significant risk of harm.
| Hazard type | Investigate within | Written findings | Safety work within |
|---|---|---|---|
| Emergency hazard | 24 hours | — | 24 hours (investigate and make safe) |
| Significant damp and mould | 10 working days | 3 working days of concluding | 5 working days of the investigation |
The phased rollout in social housing continues: from October 2026 the requirements extend to a wider range of significant hazards, and from October 2027 to all remaining hazards in the Decent Homes Standard except overcrowding.
One detail worth noting: hazards reported before 27 October 2025 didn’t automatically trigger the clock — the duty bites when the hazard is reported again or there is a material change.
Awaab’s Law and Decent Homes: the timeline
2025
Phase 1: social housing. Emergencies, damp & mould
2026
Renters’ Rights Act commences for the PRS
2026
Phase 2: wider hazards, social housing
2027
Phase 3: all remaining hazards, social housing
PRS extension — date not yet confirmed
Decent Homes Standard applies to the PRS
What already applies to you
The absence of Awaab’s Law in the PRS is not a gap in regulation. Three regimes already impose obligations, and tenants and councils use them.
Section 11, Landlord and Tenant Act 1985
Implied into virtually every residential tenancy and impossible to contract out of. You must keep in repair the structure and exterior of the dwelling, and keep the installations for water, gas, electricity, sanitation and heating in proper working order. Most damp caused by a defect — a failed roof, perished pointing, a leaking waste pipe — falls squarely here. See what repairs you are legally required to make.
Homes (Fitness for Human Habitation) Act 2018
This is the closest existing equivalent to Awaab’s Law, and landlords consistently underrate it. It requires the property to be fit for human habitation at the start of and throughout the tenancy, with fitness assessed by reference to matters including damp, ventilation, stability and the HHSRS hazards.
Crucially, the tenant can sue you directly — no council involvement required — seeking an order compelling works plus damages. There is no fixed timescale, but “a reasonable time” is judged after the event, and a tenant with a documented complaint you sat on for four months is in a strong position. Our guide to fitness for human habitation covers it in detail.
The HHSRS and council enforcement
The Housing Health and Safety Rating System assesses 29 categories of hazard, damp and mould growth among them. A council finding a Category 1 hazard must take enforcement action — improvement notice, prohibition order, emergency remedial action, or in serious cases prosecution. Improvement notices also feed into rent repayment order exposure and can block possession.
BRE analysis suggests roughly one in eight privately rented homes contains a Category 1 hazard. This is not a marginal risk.
Why Section 21’s abolition changes the calculation
This is the part that has shifted most, and it gets less attention than it deserves.
Before May 2026, “retaliatory eviction” protections existed but were narrow and widely criticised as easy to sidestep. A landlord facing an awkward damp complaint could often serve a Section 21 notice and start again. Tenants knew this, which is a large part of why complaints went unreported.
That route is closed. Every possession claim now needs a Section 8 ground, and the fault-based grounds require you to prove something the tenant has done. A tenant who complains about mould is not giving you a ground for possession. Expect complaint volumes to rise — and expect them to be pursued rather than dropped.
Two knock-on points. Deposit non-compliance now blocks possession under nearly every ground, so a disrepair dispute can quickly expose unrelated paperwork failures. And once the PRS Landlord Ombudsman arrives — expected around 2028, with the PRS Database phased in from late 2026 into 2027 — tenants will have a free, low-friction route to escalate complaints that currently die quietly. See our guide on when the PRS database and landlord ombudsman arrive.
The sensible response: adopt the timescales anyway
You are not legally required to meet the Awaab’s Law timescales. Working to them anyway is still the right call, for three reasons: they will almost certainly apply to you eventually, they are a good benchmark for “a reasonable time” under the fitness regime, and a documented rapid response is powerful evidence if a claim is brought.
A voluntary response standard for private landlords
In writing, with a named contact. Log the date and time the report came in.
Gas leaks, electrical danger, total loss of heating in winter, structural risk, sewage.
In person or by a competent contractor. Photograph everything, including moisture readings.
What you found, the cause, what you will do, and by when.
Treat the cause, not just the surface. Repainting over mould is not a repair.
Re-inspect after a few weeks and record the outcome. Keep the whole file for six years.
Damp and mould: stop blaming the tenant first
The default response to a mould report is still often “they’re drying washing indoors and never open a window”. Sometimes that is a contributing factor. As a first response it is both bad practice and, increasingly, legally dangerous — it was precisely the pattern criticised in the Awaab Ishak case.
Investigate the building first. Penetrating damp from failed pointing, defective flashing or blocked gutters; rising damp from a bridged or absent damp-proof course; condensation driven by cold bridging, inadequate insulation, or extractor fans that don’t work or vent into a loft. Only once you have ruled out defects does lifestyle become a serious part of the diagnosis — and even then, a property that cannot tolerate normal occupancy without growing mould has a design or ventilation problem.
If tenant behaviour genuinely is a factor, deal with it constructively and in writing: fit or upgrade extraction, provide clear guidance, and record what you have done. Our guide to landlord responsibilities for damp and mould covers diagnosis, and a damp meter is worth owning if you self-manage — a dated reading is far better evidence than a description.
What the Decent Homes Standard will require
The Decent Homes Standard dates from 2001 and has applied to social housing for two decades. Extending it to the PRS is provided for in the Renters’ Rights Act, with application expected from 2035 following the government’s clarification in January 2026. The detail will come in regulations, and the criteria may be updated before then.
As it currently stands, a decent home must:
- Meet the statutory minimum standard — no Category 1 HHSRS hazards.
- Be in a reasonable state of repair, with key components not old and in poor condition.
- Have reasonably modern facilities and services — kitchen, bathroom, layout, noise insulation.
- Provide a reasonable degree of thermal comfort — effective insulation and efficient heating.
Around 21% of privately rented homes currently fail it. If yours is among them, the long lead time is genuinely useful — the work can be phased across ordinary void periods rather than done in a rush.
Energy efficiency is running on a separate and faster track. The government has said it will amend the MEES Regulations to raise the standard for privately rented homes, with legislation intended to come into force in 2027 and a compliance deadline of 1 October 2030. That is a proposal rather than settled law, but it is the nearer deadline of the two — see our guides to MEES and reaching EPC C.
Enforcement and penalties
The Renters’ Rights Act introduced a two-tier civil penalty structure, most of which took effect on 1 May 2026:
- Up to £7,000 for lesser breaches, imposed by the local authority.
- Up to £40,000 for serious, repeated or continuing breaches, as an alternative to prosecution.
These sit alongside the existing housing enforcement toolkit: improvement notices, prohibition orders, emergency remedial action, rent repayment orders and banning orders. Councils also have strengthened investigatory powers and a duty to report on enforcement activity.
A common misreading is that these penalties are the sanction for failing Decent Homes or Awaab’s Law in the PRS. They aren’t — neither applies to private landlords yet. They attach to Renters’ Rights Act obligations such as database and ombudsman duties, and to misuse of possession grounds.
Common mistakes
- Believing Awaab’s Law already binds you. It doesn’t — but the fitness regime effectively covers much of the same ground.
- Believing it never will. The power to extend it is already in the Act.
- Treating mould as a tenant problem by default. Investigate the building first, and in writing.
- Painting over it. A cosmetic fix that returns in six weeks is evidence against you, not for you.
- Handling reports by phone. If it isn’t written down, you cannot show you responded reasonably.
- Assuming you can end a difficult tenancy. Section 21 is gone.
- Waiting for 2035 to think about Decent Homes. Void periods between now and then are the cheap opportunity.
What to do next
Set up a written repair log for each property — date reported, date acknowledged, date inspected, findings, action, date completed. That single document answers almost every question a court, council or future ombudsman will ask.
Then assess each property honestly against the four Decent Homes criteria and note what would fail. You have a long runway, and the work is far cheaper planned than done under an improvement notice.
Frequently asked questions
Does Awaab’s Law apply to private landlords?
Not currently. It came into force for social landlords on 27 October 2025. The Renters’ Rights Act contains the power to extend it to the private rented sector, but that sits in a later implementation phase and no commencement date has been confirmed.
What are the Awaab’s Law timescales?
In social housing under Phase 1: emergency hazards investigated and made safe within 24 hours; significant damp and mould investigated within 10 working days, written findings within 3 working days of concluding, and safety work within 5 working days of the investigation.
When does the Decent Homes Standard apply to private rentals?
It is expected to apply to the private rented sector from 2035, following the government’s clarification in January 2026. The detailed criteria will be set out in regulations and may be updated before then.
What rules on damp and mould apply to me right now?
Section 11 of the Landlord and Tenant Act 1985 for repairs to structure, exterior and installations; the Homes (Fitness for Human Habitation) Act 2018, under which a tenant can sue you directly; and council enforcement under the HHSRS, where a Category 1 hazard obliges the council to act.
Can I evict a tenant who keeps complaining about damp?
No. Section 21 was abolished on 1 May 2026, so possession requires a Section 8 ground based on something the tenant has done. Complaining about disrepair is not a ground, and attempting to use possession as a response carries serious risk.
What are the penalties under the Renters’ Rights Act?
Up to £7,000 for lesser breaches and up to £40,000 for serious, repeated or continuing breaches as an alternative to prosecution. These attach to Renters’ Rights Act obligations, not to Awaab’s Law or Decent Homes, neither of which yet applies to private landlords.
How many private rented homes fail the Decent Homes Standard?
Around 21% — the highest proportion of any tenure, according to the English Housing Survey. Damp affects roughly 10% of privately rented homes, compared with 4% of owner-occupied properties.
Written by the Landlords Portal team — experienced UK landlords covering the private rented sector in England. This article is general information, not legal advice. Implementation dates for the Renters’ Rights Act continue to be set by regulations — check the current position before relying on any timetable here.
