Awaab's Law and Private Landlords: What's Coming and What to Do Now

Awaab's Law is not yet in force for private landlords — but existing duties on damp and mould already are. Here's what applies today and how to prepare.

If you've been reading that Awaab's Law now applies to your rental property, the picture is more nuanced than most coverage suggests. The law is real, it is coming, and the duties that already apply to you — regardless of Awaab's Law — are significant. But as of July 2026, Awaab's Law itself has not yet been extended to the private rented sector. Here is what is actually in force today, what is on the way, and what you should be doing right now.

What Awaab's Law Is — and Where It Currently Applies

Awaab's Law is named after Awaab Ishak, a two-year-old child who died in December 2020 in a Rochdale social housing flat after prolonged exposure to black mould. The resulting legislation — section 42 of the Social Housing (Regulation) Act 2023 — inserted statutory repair timescales directly into social housing tenancy agreements as implied terms.

Those duties came into force for social landlords on 27 October 2025. Councils and housing associations must now:

Investigate any significant damp or mould hazard within 10 working days of being notified
Provide a written summary of findings to the tenant within 3 working days of the investigation concluding
Make the home safe (or begin works) within 5 working days of the investigation ending
Act on emergency hazards — those posing a serious, imminent risk — within 24 hours

These are mandatory, enforceable timescales. Failure to meet them can result in legal action by tenants and enforcement by regulators.

Does Awaab's Law Apply to Private Landlords Yet?

No. As of July 2026, Awaab's Law applies to social housing only. The Renters' Rights Act 2025 creates the legal framework to extend it to the private rented sector, but the specific PRS timescales are subject to a separate government consultation. That consultation has not yet concluded, and no commencement date has been set for the private sector extension.

The government has confirmed that when the PRS extension does arrive, the obligations will broadly mirror those already in place for social landlords — including the investigation window, the written findings requirement, and the 24-hour emergency standard. The exact day-counts will be set by secondary legislation.

Phase 3 of the Renters' Rights Act rollout, which includes the PRS extension of Awaab's Law, has no confirmed date. Realistically, 2027 is the earliest it is likely to arrive.

What Already Applies to You Today

The absence of Awaab's Law from the private sector does not mean you have no legal duty around damp and mould. Two existing legal routes already bite — and they bite now.

The Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018 implies a term into every residential tenancy that the property must be fit for human habitation at the start of the tenancy and throughout. Serious damp or mould growth can make a property unfit. If it does, a tenant can bring a claim against you in the county court for breach of that implied term — without waiting for Awaab's Law to arrive.

The Housing Health and Safety Rating System

Under the Housing Act 2004, local housing authorities can inspect a property, assess any damp or mould growth under the Housing Health and Safety Rating System (HHSRS), and serve an improvement notice requiring you to carry out specified works within a set period. Ignoring an improvement notice is a criminal offence carrying an unlimited fine. Councils can also carry out emergency remedial works themselves and bill you for the cost.

Damp and mould growth is a named hazard category under HHSRS. A council does not need to wait for Awaab's Law to use these powers.

What to Expect When the PRS Extension Arrives

When the private sector extension takes effect, Awaab's Law will insert implied terms into your tenancy agreements. That shifts the legal basis from "council enforcement" to "breach of contract" — meaning tenants will be able to sue you directly if you miss the statutory timescales, without needing to go through the council first.

The enforcement tools expected to apply in the private sector include:

Civil penalties up to £40,000 under the Renters' Rights Act civil penalty regime
Rent repayment orders for up to 12 months' rent, payable direct to the tenant
Improvement notices from the local housing authority
Banning orders for persistent non-compliance

The hazard scope will also widen over time. Social housing duties expand in 2026 to cover excess cold, excess heat, falls, fire, electrical hazards, and structural collapse — and the PRS extension is expected to follow the same phased widening.

What You Should Do Now

The prudent approach is to adopt the social housing timescales as your own operational standard now — before the law requires it. This protects you under existing duties, reduces enforcement risk, and means you are already compliant when the PRS extension lands.

Set up a dated repair log

Start a log today. For every repair report — however it arrives (email, text, phone, in person) — record the date and time received, how it arrived, the description of the issue, and who reported it. The clock starts from receipt. Without a log, you cannot evidence when you became aware.

Acknowledge in writing within 24 hours

Even a brief email reply. "Thank you for letting us know about the damp in the bathroom — I will arrange an inspection within the next 10 working days" sets the record, reassures the tenant, and starts the paper trail that a future enforcement action will examine.

Investigate within 10 working days

Use the social housing standard as your benchmark. Inspect, identify the cause (condensation, penetrating damp, structural defect, inadequate ventilation — each has a different fix), take photographs, and note what remedial work is required.

Send your findings in writing

After the inspection, write to the tenant: what you found, what is causing it, what you plan to do, and when. Keep a copy. Under Awaab's Law, this written summary will be a mandatory legal requirement; doing it now is simply good practice.

Act on emergency hazards within 24 hours

Heating failure in winter, serious water ingress, a structural hazard. These require immediate response. Begin works within 24 hours — not booking a contractor, but physically starting the remediation or making the home safe.

Address root causes, not symptoms

Painting over mould is not a repair — it is evidence of non-compliance. Awaab's Law (and HHSRS) requires the underlying cause to be fixed. If the cause is inadequate ventilation, install positive pressure ventilation. If it is structural moisture, address the building fabric. Document the root cause and the fix.

Line up a specialist contractor

The 5-working-day fix window (from social housing rules, and likely the PRS template) is only achievable if you have a damp specialist who can attend promptly. Identify your contractor now, before you need one.

mypy's certificate and property tracking gives you a single place to log repair reports with dates, attach contractor records, and maintain the paper trail that Awaab's Law enforcement will scrutinise. It is free for your first two properties — see how your portfolio looks today.

Frequently asked questions

Does Awaab's Law apply to private landlords in England right now?

No. As of July 2026, Awaab's Law applies to social landlords in England only, in force since 27 October 2025 under the Social Housing (Regulation) Act 2023. The Renters' Rights Act 2025 creates the power to extend it to private landlords, but PRS timescales are still under government consultation with no commencement date set.

What legal duties on damp and mould do private landlords have today?

Two duties apply now. The Homes (Fitness for Human Habitation) Act 2018 allows tenants to sue if serious damp or mould makes a property unfit for habitation. The Housing Health and Safety Rating System under the Housing Act 2004 allows councils to inspect, score, and serve improvement notices requiring repairs — non-compliance is a criminal offence.

What timescales should private landlords be preparing for?

The government has indicated that PRS timescales will broadly mirror social housing: investigate within 10 working days of notification, provide written findings within 3 working days of the investigation, make the home safe within 5 working days of investigation, and respond to emergency hazards within 24 hours. These are social housing timescales — the PRS figures will be confirmed by secondary legislation.

What penalties will private landlords face under Awaab's Law?

When the PRS extension arrives, penalties will include civil penalties up to £40,000 under the Renters' Rights Act civil penalty regime, rent repayment orders for up to 12 months' rent, local authority improvement notices, and banning orders for persistent non-compliance.

Do I need to do anything about existing damp and mould before Awaab's Law arrives?

Yes. The Homes (Fitness for Human Habitation) Act 2018 and HHSRS already require you to address serious damp and mould. Awaab's Law adds mandatory timescales and a paper-trail requirement on top of those existing obligations — it does not create the underlying duty.

Sources

This article is general guidance, not legal advice. Verify your obligations against current GOV.UK guidance or seek professional advice for your circumstances. Last reviewed 2026-07-11.