Awaab's Law and Private Landlords: What You Need to Know in 2026
Awaab's Law currently applies only to social housing — but that is changing. Here's where private landlords stand and how to prepare.
Awaab's Law, as enacted under Section 42 of the Social Housing (Regulation) Act 2023, currently applies only to registered social housing providers in England. Private landlords — whether individual buy-to-let investors, lettings agencies, or portfolio operators — are not yet subject to its statutory deadlines.
However, the legal landscape is changing rapidly. The Renters' Rights Act 2025 contains provisions that will extend Awaab's Law-style obligations to the private rented sector. For private landlords, the question is not whether these rules are coming — but when, and how to be ready.
The current position for private landlords
Private landlords in England are already subject to significant obligations around damp and mould under existing legislation:
Section 11 of the Landlord and Tenant Act 1985 requires landlords to keep the structure and exterior of a property in repair, and to maintain installations for heating, water, gas, and electricity. Persistent damp caused by structural failures or heating deficiencies can constitute a section 11 breach.
The Homes (Fitness for Human Habitation) Act 2018 requires that privately rented homes are fit for human habitation at the start of the tenancy and throughout. Serious mould growth that affects health can render a property unfit — enabling tenants to bring civil claims without going through the council first.
The Housing Health and Safety Rating System allows local authorities to inspect private rented properties and serve improvement notices or prohibition orders where Category 1 or Category 2 hazards are identified. Damp and mould is one of the most commonly identified hazards.
These existing obligations mean private landlords already face legal exposure from damp and mould — they simply do not yet face the same fixed statutory deadlines that social landlords do.
The Renters' Rights Act 2025 and what it changes
The Renters' Rights Act 2025, which received Royal Assent and came into force progressively through 2025 and 2026, makes several significant changes to the private rented sector. Among its provisions are powers for the Secretary of State to extend Awaab's Law obligations to private landlords by secondary legislation.
This means the timeline for private landlord obligations is driven by ministerial decision rather than a fixed statutory date. The current government has indicated it intends to use these powers, with implementation in the private sector expected between 2027 and 2030 based on current signals. However, this timeline remains subject to change.
When extended, the same framework is likely to apply: 24-hour emergency response for hazards posing imminent risk to life, 10 working days for investigation and a written action plan, and 12 weeks for completion of all remediation works.
What private landlords should do now
The practical case for private landlords adopting Awaab's Law-style processes now — before they are legally required to — is straightforward. The obligations are coming. Properties that already have documented inspection processes, response timelines, and evidence logs will be far better positioned when the legislation arrives.
Beyond future-proofing, there is a defensive argument. If a tenant brings a Homes Act or section 11 claim today, the landlord who can demonstrate they responded within 10 days with a written action plan and completed works within 12 weeks is in a materially stronger position than one who cannot. Good compliance records are a defence, not just a regulatory obligation.
Key practical steps for private landlords:
Respond in writing to every damp or mould report.Send a written acknowledgement within 24–48 hours of receiving a report. This creates a paper trail showing the date of awareness — the clock from which any future liability is calculated.
Conduct and document inspections. A brief inspection record — date, findings, moisture readings if possible, photographs — provides objective evidence of the state of the property and your response.
Issue written action plans. When works are needed, set out in writing what will be done, by whom, and when. Retain a copy.
Complete works promptly. The 12-week standard that applies to social landlords is a reasonable benchmark for private landlords too. Works that drag beyond three months without documented reasons become increasingly difficult to defend.
The exposure from doing nothing
Private landlords who continue to respond to damp and mould reports informally — verbal assurances, WhatsApp messages, delayed contractor visits — are accumulating risk. Tenant awareness of rights is at an all-time high. The Property Ombudsman and Property Redress Scheme both handle private sector complaints and can order compensation. County courts are increasingly receptive to Homes Act claims. And when Awaab's Law is extended to the private sector, retrospective failures will be in scope.
The compliance cost of adopting a documented process now is low. The cost of not doing so — financial, reputational, and operational — is significantly higher.
Summary
Awaab's Law does not currently apply to private landlords. But the legal framework is closing in from multiple directions — the Homes Act, HHSRS, the Renters' Rights Act, and the eventual extension of Awaab's Law itself. Private landlords who adopt compliant processes now will be better protected against existing claims, better prepared for incoming obligations, and better positioned as the expectations of tenants and regulators continue to rise.