Damp and Mould: Landlord Obligations Under Awaab's Law

# Damp and Mould: Landlord Obligations Under Awaab''s Law

The death of Awaab Ishak in 2020 — from prolonged exposure to mould in social housing — changed the legal landscape. Awaab''s Law, originally for social housing, extends to the private rented sector via the Renters'' Rights Act. Slow response to damp and mould is now formally unlawful.

What Awaab''s Law requires

For any reported damp/mould or category 1 hazard:

• Investigate within 14 days of notification.
• Provide written report to the tenant with findings.
• Make safe within 7 days where the hazard is significant.
• Emergency response within 24 hours for immediate risk.
• Keep tenants informed in writing throughout.

Failure is enforceable directly by tenants (damages, rent rebates) and by councils (improvement notices, prosecution).

The three causes — and why diagnosis matters

1. Rising damp

Ground moisture rising through walls due to failed/absent damp-proof course. Tide-mark up to ~1m, salts in plaster, peeling decoration low on walls. Fix: DPC injection plus replastering with salt-resistant render. Cost £1,500–£5,000+ per affected wall.

2. Penetrating damp

Water entering through a defect — leaking gutter, cracked render, failed pointing, slipped tile, blocked downpipe, leaking pipe. Damp patches that match the source location and worsen after rain. Fix: trace and repair the source, then dry out. Cost varies widely.

3. Condensation and surface mould

Moisture-laden air condensing on cold surfaces. Black spot mould in corners, behind furniture, around windows, on north-facing walls. The most common cause and the most contested. Fix: improve ventilation (extractors, PIV unit, trickle vents), improve insulation (cold bridges), heating advice, mould removal.

Diagnosis matters because the wrong fix wastes money and leaves you exposed. "Tenant lifestyle" without survey evidence is not a defence.

Investigation playbook

Within 14 days of report:

1. Visit (or send qualified surveyor).
2. Use a moisture meter — record readings.
3. Photograph all affected areas.
4. Identify likely cause (rising / penetrating / condensation).
5. Check ventilation: extractors working? Trickle vents open? Tumble dryer vented?
6. Check insulation and cold bridges.
7. Issue written report to tenant with diagnosis and plan.

Treatment

Immediate (within 7 days)

• Treat existing mould with appropriate fungicidal wash.
• Repaint with anti-mould paint.
• Repair any obvious source (gutter, broken extractor).
• Provide a dehumidifier if needed during drying.

Structural (scheduled)

• Replace failed DPC.
• Repair external defects.
• Install PIV (Positive Input Ventilation) unit — often the most effective single intervention, £400–£800 fitted.
• Upgrade extractor fans to humidistat-controlled (kitchen and bathroom).
• Add or improve insulation on cold-bridged walls.

Behavioural advice

• Open windows briefly after showers/cooking.
• Use lids on saucepans.
• Avoid drying clothes indoors without ventilation.
• Keep heating at minimum 16°C in occupied rooms.

Give advice in writing — not as a deflection, but as part of a managed solution.

Documentation requirements

For every case keep:

• Initial report (date, time, channel).
• Inspection notes and moisture readings.
• Photos at each stage.
• Written report to tenant.
• Contractor invoices.
• 4-week and 12-week follow-up notes.

This file is the evidence you need for any tribunal, council inspection or insurance claim.

What goes wrong

• Blaming lifestyle without a survey — disregarded by tribunals.
• Painting over mould without fixing the cause — reappears in weeks.
• Slow response — Awaab''s Law makes this enforceable.
• Not following up — repeat cases attract higher damages.
• Failing to ventilate during works — mould spreads to adjoining rooms.

Penalties for failure

• Direct disrepair claim under Fitness for Human Habitation Act — damages typically 25–50% rent rebate plus general damages plus special damages.
• Council improvement notice or hazard awareness notice.
• Prohibition order (can stop letting).
• Rent Repayment Order (up to 12 months'' rent) for licensed properties.
• Banning order for serious or repeat offenders.

Practical playbook

1. Add damp/mould to every quarterly inspection.
2. Install PIV units in older properties as standard.
3. Upgrade to humidistat extractors at every tenancy turnover.
4. Maintain a 24-hour response promise.
5. Get a damp specialist on call.
6. Photograph every void condition.

Bottom line

Damp and mould are the single biggest source of disrepair claims and now of statutory enforcement. Treat every report as urgent, diagnose properly, fix the cause, document everything. Awaab''s Law makes anything less expensive and increasingly unlawful.