Does Awaab's Law apply to private landlords in 2026?

Not yet. The fixed investigate-and-repair timescales currently apply to social housing in England. The Government has said it intends to extend Awaab's Law to the private rented sector under a later phase of the Renters' Rights Act, subject to consultation, and no commencement date for private landlords has been confirmed.

Who is responsible for damp and mould in a rented property?

If damp comes from a defect such as a leaking roof, failed pointing, a broken gutter or rising damp, it is a repair issue and sits with the landlord under Section 11 of the Landlord and Tenant Act 1985. Serious damp can also make a home unfit under the Homes (Fitness for Human Habitation) Act 2018.

Can a landlord blame condensation on the tenant?

Rarely safely. Tenant habits can be a factor, but condensation is often driven by poor ventilation, inadequate extractor fans, cold single glazing or heating that is too expensive to run. If the home cannot realistically be kept free of condensation, that points back to the landlord.

How quickly must a landlord respond to a damp report?

Repairs must be carried out within a reasonable time of becoming aware, and what is reasonable depends on severity. In practice, acknowledge a report within a day or two and arrange an inspection promptly rather than letting it drift.

What can a council do about damp and mould?

Councils assess hazards under the Housing Health and Safety Rating System, in which damp and mould growth is a recognised category. If an inspection finds a serious hazard, the council can serve an improvement notice requiring works.

Damp and mould: landlord responsibilities in 2026

21 August 2026 · AgentCheck Editorial · 7 min read

In short: Damp and mould are among the most common causes of disputes between landlords and tenants. In 2026 the strict fixed repair deadlines under Awaab's Law apply to social housing, not the private rented sector, but private landlords still carry firm duties under existing law and should act quickly. Government has signalled an extension to private rentals, so getting your process right now is the sensible move.

Why damp and mould matter more than ever

Damp and mould are not just a cosmetic nuisance. Prolonged exposure can affect breathing, worsen asthma and cause real harm, particularly to children and older tenants. The tragic case of Awaab Ishak, a two year old who died after prolonged exposure to mould in a social home, changed how the sector treats these hazards. It led to Awaab's Law, and it has shifted expectations across the whole rental market.

For private landlords, the message is simple. A report of damp or mould is not something to file away for later. It needs a prompt, documented response.

White and black striped ceiling — Photo: Unsplash

What Awaab's Law actually requires in 2026

Awaab's Law sets fixed timescales for social landlords in England to investigate and fix damp, mould and other serious hazards. In broad terms it requires emergency hazards to be made safe within 24 hours, significant damp and mould hazards to be investigated within a set number of working days, and safety works to follow shortly after the investigation.

Here is the part that often gets confused. These fixed deadlines currently apply to social housing, not to private lettings. The government has said it intends to extend Awaab's Law to the private rented sector, but this sits in a later phase of the Renters' Rights Act rollout and depends on a future consultation. At the time of writing no commencement date for private landlords has been confirmed, and commentators expect it is unlikely before 2027.

So the honest position for a private landlord in 2026 is this. You are not yet bound by the exact Awaab's Law clock, but you are bound by other law that already expects a quick and reasonable response, and the fixed timescales are coming.

The duties private landlords already have

Even without Awaab's Law, private landlords carry several overlapping responsibilities where damp and mould are concerned.

Repairing obligations

Under Section 11 of the Landlord and Tenant Act 1985, you must keep the structure and exterior of the property in repair, along with installations for water, heating and sanitation. If damp is caused by a defect such as a leaking roof, failed pointing, a broken gutter or rising damp, that is a repair issue and it sits with you. The expectation is that you carry out repairs within a reasonable time of becoming aware of the problem, and what counts as reasonable depends on how serious it is.

Fitness for human habitation

The Homes (Fitness for Human Habitation) Act 2018 requires rented homes to be fit to live in for the whole tenancy. Serious damp and mould can make a property unfit. If it does, a tenant can take action directly through the courts without waiting for the council.

The Housing Health and Safety Rating System

Councils assess hazards using the Housing Health and Safety Rating System, known as the HHSRS. Damp and mould growth is a recognised category. If a council inspects and finds a serious hazard, it can serve an improvement notice and require works.

Condensation, disrepair, and the awkward middle ground

A lot of mould comes from condensation rather than a building defect, and this is where disputes flare up. It is tempting to blame tenant lifestyle, drying washing indoors or not opening windows. Sometimes that is a factor. But condensation is often driven by things within your control, such as poor ventilation, inadequate extractor fans, cold single glazed windows or heating that is too expensive to run.

The practical takeaway is to avoid the reflex of blaming the tenant. Investigate properly. If the home cannot realistically be kept free of condensation because it lacks ventilation or adequate heating, that points back to you.

A sensible landlord process for 2026

You do not need to wait for the law to tighten to run a good process. Adopting the spirit of Awaab's Law now protects your tenants and your position.

Log every report. Record the date, what was reported, photos and your response. A clear paper trail is your best protection if a dispute follows.
Respond quickly. Acknowledge a report within a day or two, and arrange an inspection promptly rather than letting it drift.
Diagnose the cause. Separate a genuine building defect from a ventilation or heating shortfall. Get a specialist damp survey if you are unsure, rather than just painting over the problem.
Fix the root cause. Wiping mould away without addressing why it grows will bring it straight back. Improve extraction, insulation or repairs as needed.
Follow up. Check back after works to confirm the problem has genuinely cleared.

Where a good letting agent helps

Managing damp complaints well takes time, local trades and a system for logging and chasing repairs. A managing agent handles reports as they come in, arranges inspections and keeps the records that protect you. If you self manage and find repair issues slipping, a managing service can be the difference between a quick fix and a formal complaint.

For the wider picture of your obligations, see our guide to landlord legal requirements in England, and if energy efficiency is part of your damp problem it is worth reading our EPC requirements for landlords guide too, since cold, poorly insulated homes are more prone to condensation.

The bottom line

In 2026, private landlords are not yet held to the exact Awaab's Law deadlines, but they are far from off the hook. Existing repair law, fitness standards and council powers already expect a fast, reasonable response, and the fixed timescales are on their way to the private sector. Treat every damp report seriously, act quickly, fix the cause and keep records. That approach keeps tenants safe and keeps you ahead of the rules.

If keeping on top of repairs and compliance feels like a lot, a good managing agent takes it off your plate. Compare letting agents on AgentCheck to find a local agent who handles maintenance and compliance for you.

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