ALAwaabsLawGuide.co.uk
Renters' Rights Act 2025

Does Awaab's Law Apply to Private Landlords?

Awaab's Law currently applies only to social housing providers, but an extension to the private rented sector is on the horizon — here is everything private landlords need to know to stay ahead.

The Current Position: Social Housing Only

Awaab's Law is the commonly used name for the regulations made under Section 42 of the Social Housing (Regulation) Act 2023. These regulations, which came into force in October 2025, impose strict time limits on registered providers of social housing — housing associations and council landlords — for investigating and remediating hazards, particularly damp and mould.

Under the current framework, social landlords must respond to emergency hazards within 24 hours of becoming aware of them, complete a full investigation and provide a written remediation action plan within 10 working days, and finish all remediation works within 12 weeks. These deadlines are legally binding, and the Regulator of Social Housing has enforcement powers to take action against providers that fail to meet them.

As of April 2026, these obligations do notapply to private landlords. If you are a private landlord letting a property on an assured shorthold tenancy, a periodic tenancy, or any other arrangement outside the social housing sector, Awaab's Law does not yet impose the specific 24-hour, 10-day, and 12-week deadlines on you. However, this does not mean that private landlords are free from obligations when it comes to damp, mould, and other housing hazards. Far from it.

The Renters' Rights Act 2025: The Extension Mechanism

The Renters' Rights Act 2025, which received Royal Assent in late 2025, is the single most significant piece of private rented sector legislation in a generation. Among its many provisions — including the abolition of Section 21 “no-fault” evictions and the creation of a new Private Rented Sector Ombudsman — the Act contains a specific power enabling the Secretary of State to extend Awaab's Law-style requirements to the private rented sector through secondary legislation.

Section 68 of the Renters' Rights Act 2025 allows the Government to make regulations requiring private landlords to investigate and remedy prescribed hazards within specified timeframes. The Act deliberately mirrors the language used in the Social Housing (Regulation) Act 2023, signalling that the Government intends the private sector framework to operate in a broadly similar way to the social housing version.

Crucially, the extension power is not automatic. It requires a further consultation period and the laying of secondary legislation (statutory instruments) before Parliament. The Government has stated on multiple occasions that it intends to use this power, but it has been careful not to commit to a specific commencement date for the private rented sector extension.

Estimated Timeline for PRS Application: 2028–2030

While no firm date has been confirmed, there are several reasons to believe that the extension of Awaab's Law to the private rented sector will take effect somewhere between 2028 and 2030.

First, the Government has indicated that it will complete the full rollout of the Renters' Rights Act's core provisions — the Section 21 abolition, the new Ombudsman, and the Decent Homes Standard for the private sector — before layering on the Awaab's Law extension. These core provisions are expected to be fully operational by 2027 at the earliest.

Second, the Government will need to undertake a formal consultation on the specific hazards, timeframes, and enforcement mechanisms for the private sector. Given the scale of the private rented sector (approximately 4.6 million households in England alone), this consultation is likely to be extensive and will need to account for the different operational realities facing individual private landlords compared to large social housing organisations.

Third, the parliamentary process for secondary legislation, while faster than primary legislation, still requires drafting, scrutiny, and approval. Housing policy commentators and the Chartered Institute of Housing have suggested that 2028 to 2030 represents a realistic window for commencement.

Private landlords should therefore treat 2028 as the earliest plausible date and plan accordingly, while recognising that political priorities could accelerate or delay the timeline.

Existing Private Landlord Duties: You Are Not Starting from Zero

Although Awaab's Law does not yet apply to you, private landlords are already subject to a robust body of legislation that requires them to address damp, mould, and other hazards. Understanding these existing duties is essential, both because they carry real enforcement consequences today and because they form the foundation upon which the Awaab's Law extension will be built.

Section 11 of the Landlord & Tenant Act 1985

Section 11 of the Landlord & Tenant Act 1985 is the bedrock repairing obligation for residential landlords. It imposes an implied covenant in virtually every residential tenancy of less than seven years, requiring the landlord to keep in repair the structure and exterior of the dwelling (including drains, gutters, and external pipes), to keep in repair and proper working order the installations for the supply of water, gas, electricity, sanitation, and space heating, and to keep in repair and proper working order any installations for heating water.

Damp and mould frequently arise from structural defects — such as failed damp-proof courses, cracked render, leaking roofs, or inadequate drainage — that fall squarely within the Section 11 obligation. Where a landlord fails to carry out repairs after being notified of a problem, the tenant can bring a claim in the county court for damages, an order requiring the works to be done, and in some cases a rent repayment order.

Importantly, the landlord's obligation under Section 11 is triggered by notice. Once the landlord knows (or ought reasonably to know) about a defect, the clock starts running. Courts have generally expected landlords to commence investigations promptly and complete repairs within a reasonable period, though what counts as “reasonable” depends on the circumstances. Awaab's Law, when extended to the private sector, will replace this vague “reasonable period” standard with hard deadlines.

The Housing Health & Safety Rating System (HHSRS)

The Housing Health & Safety Rating System, established under Part 1 of the Housing Act 2004, provides local authorities with powers to assess and enforce housing conditions in the private rented sector. Under the HHSRS, local authority environmental health officers can inspect a property and assess it against 29 categories of hazard, including damp and mould growth, excess cold, and structural collapse.

Where a Category 1 hazard (the most serious) is identified, the local authority has a duty to take enforcement action. This can include serving an improvement notice requiring specified works within a set timeframe, making a prohibition order preventing the property from being used for residential purposes, issuing an emergency remedial action notice, or in the most serious cases, initiating a prosecution. Category 2 hazards give the local authority a discretionary power to take enforcement action.

Damp and mould that is severe enough to affect the health of occupants will almost always constitute a Category 1 hazard under the HHSRS. Private landlords who ignore tenant reports of damp and mould therefore risk not only a civil claim from the tenant but also enforcement action from the local authority, which can result in fines of up to £30,000 for a banning order offence or unlimited fines on criminal conviction.

Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018, which amended the Landlord & Tenant Act 1985 by inserting a new Section 9A, represents the most significant expansion of tenants' rights in recent years. It requires that any dwelling let on a residential tenancy must be fit for human habitation at the start of the tenancy and throughout its duration.

Fitness for habitation is assessed against a list of factors set out in Section 10 of the 1985 Act, which includes repair, stability, freedom from damp, natural lighting, ventilation, water supply, drainage and sanitary conveniences, and facilities for the preparation and cooking of food. A property affected by significant damp and mould is highly likely to be found unfit for human habitation.

The 2018 Act gives tenants the right to bring a claim in the county court without needing to involve the local authority. The court can order the landlord to carry out the necessary works and award damages for the period during which the property was unfit. Compensation awards in damp and mould cases have increased markedly since 2018, with some county court awards exceeding £10,000 for prolonged exposure to mould.

Taken together, Section 11, the HHSRS, and the 2018 Act mean that private landlords already face significant legal risk if they fail to address damp and mould promptly. Awaab's Law will add a further layer of obligation by imposing specific deadlines, but the underlying duty to act is already well established.

What Private Landlords Should Do Now to Prepare

The extension of Awaab's Law to the private rented sector is not a question of “if” but “when.” Private landlords who begin preparing now will be in a far stronger position when the regulations arrive. Here are the key steps you should be taking today.

1. Implement a Written Damp & Mould Response Policy

Create a clear, documented procedure for how damp and mould reports will be handled. This should specify who receives the initial report, the target timeframe for an initial inspection (aim for the 10-working-day standard even though it is not yet mandatory), the process for commissioning specialist surveys where needed, how the remediation action plan will be communicated to the tenant in writing, and the target timeframe for completing remediation works.

Having a written policy achieves two things: it ensures a consistent, professional response to every report, and it provides a documentary trail that can be used to demonstrate compliance if a dispute arises.

2. Invest in Preventative Measures

The cheapest repair is the one you never have to make. Many damp and mould problems in private rented housing are caused or exacerbated by inadequate ventilation. Consider installing positive input ventilation (PIV) units in properties that are prone to condensation. PIV systems work by drawing fresh, filtered air into the property from the loft space, creating a slight positive pressure that pushes out stale, moisture-laden air. They are relatively inexpensive to install and run, and they can dramatically reduce condensation-related mould.

Beyond ventilation, consider whether your properties would benefit from improved insulation, upgraded extractor fans in kitchens and bathrooms, or remedial damp-proofing works. A proactive approach to building maintenance will reduce the number of reactive repairs you need to deal with once Awaab's Law deadlines are in force.

3. Document Everything

When Awaab's Law applies to the private sector, evidence of when you became aware of a hazard and what actions you took will be critical. Start building good documentation habits now. Log every tenant report with a date and time stamp. Photograph the property at the start of each tenancy and at each inspection. Keep copies of all communications with tenants, contractors, and surveyors. Record the dates on which works were instructed, commenced, and completed.

A well-maintained evidence log is your single best defence against both regulatory enforcement and compensation claims. It demonstrates professionalism, transparency, and a genuine commitment to meeting your obligations.

4. Train Your Staff & Agents

If you use a managing agent, make sure they understand the Awaab's Law framework and your expectation that they will operate to those standards even before the legal requirement kicks in. If you manage properties yourself, take the time to familiarise yourself with the 24-hour emergency response requirement, the 10-working-day investigation deadline, and the 12-week remediation window. Consider how your current processes measure up against these benchmarks and identify any gaps.

5. Budget for Faster Reactive Repairs

The Awaab's Law deadlines are tight. A 24-hour response for emergencies and a 12-week cap on remediation works leave little room for delay. Private landlords should review their maintenance budgets and ensure they have sufficient reserves to fund rapid reactive repairs. Consider establishing relationships with reliable contractors who can respond at short notice, and explore whether a maintenance insurance product or planned maintenance contract would help smooth out costs.

6. Review Your Insurance Cover

Landlord insurance policies vary widely in what they cover. Check whether your policy covers the cost of alternative accommodation for tenants displaced during remediation works, legal expenses arising from tenant claims or regulatory enforcement, and loss of rent during void periods caused by hazard remediation. As Awaab's Law approaches, insurers may begin to adjust their products and premiums. Reviewing your cover now will help you avoid unpleasant surprises later.

The Bigger Picture: A Culture Shift

Awaab's Law is part of a broader cultural shift in how the UK treats housing standards. The tragic death of Awaab Ishak in 2020 exposed systemic failures in how some landlords respond to hazard reports. The legislative response — first for social housing, then for the private sector — reflects a political consensus that tenants deserve enforceable minimum standards and that landlords must be held to account when they fall short.

For conscientious private landlords, this shift should be welcomed rather than feared. The vast majority of private landlords already take their repair obligations seriously. Awaab's Law will primarily affect those who do not. By adopting the framework voluntarily now, you position yourself as a responsible, professional landlord — and you protect your tenants, your property, and your investment.

The time to act is not when the regulations land. It is now.