What England's New Mold and Damp Law Means for Renters

By WorldSpotterCom Editorial Team Published 10 min read
What England's New Mold and Damp Law Means for Renters
In this article

On 9 October 2026 the UK government opened a consultation on extending Awaab's Law, England's fixed-deadline rules for damp, mold and other serious housing hazards, to privately rented homes. These rules apply in England only and today bind only social landlords (councils and housing associations): private renters in England are not yet covered, and US renters are not covered at all. A second phase adding more hazards is due on 30 November 2026, subject to final Commons approval.

Key takeaways

  • Since 27 October 2025, English social landlords must investigate a significant damp or mold hazard within 10 working days, send a written summary within 3 more, and complete safety work within 5 (later if they temporarily rehouse the household).
  • Since then, any emergency hazard except overcrowding must be made safe within 24 hours. From 30 November 2026, if the Commons approves, the 10-working-day route extends to seven more hazard groups.
  • Private renters in England are not covered yet; the government's consultation says the earliest feasible start is 2027.
  • Scotland has its own damp and mold rules, which also cover private landlords, from 6 October 2026. Wales applies a housing standard to social landlords from 1 April 2026.
  • The EPA says the US has no federal standards for airborne mold; state and city rules, such as New York City's Local Law 55, apply instead.

What it means for you

Social housing tenants in England

The deadlines apply to your landlord now; see the table below.

Private renters in England

The deadlines do not apply to you yet; see your current options below.

Renters elsewhere in the UK or in the US

The English rules do not apply; Scotland, Wales and the US are summarized further down.

What the law requires of landlords

Awaab's Law is the common name for requirements enabled by the Social Housing (Regulation) Act 2023 and set out in The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, made on 23 September 2025 and in force since 27 October 2025. The law is named after Awaab Ishak, who died on 21 December 2020, aged two, after prolonged exposure to mold in his family's housing association flat in Rochdale, according to the coroner's prevention of future deaths report dated 16 November 2022.

The requirements are implied into tenancy agreements, so, according to the government's guidance for social landlords (updated 31 July 2026), a tenant can take legal action for breach of contract if a landlord ignores them.

The deadlines

Situation Landlord must Deadline
Emergency hazard (imminent and significant risk) Investigate and make safe 24 hours from becoming aware
Significant hazard, such as serious damp and mold Investigate 10 working days from becoming aware
After the investigation Give the tenant a written summary 3 working days
After the investigation Complete relevant safety work 5 working days; if the household is temporarily rehoused, as soon as reasonably practicable
Longer-term preventative work Begin, or take steps to begin 5 working days; if not practicable, as soon as reasonably practicable and within 12 weeks

Working days exclude weekends, Christmas Day, Good Friday and English and Welsh bank holidays; counting starts the day after the trigger. If you ask for a physical inspection before the investigation is finished, the landlord must include one. If an investigation was done without a visit and the preventative work has not started, you can ask for a renewed investigation with an inspection, which has its own 10-working-day limit.

Illustrative example (dates invented, arithmetic checked): a tenant reports black mold in writing on Monday 2 November 2026, and the landlord takes every day allowed. Counting from Tuesday 3 November, the 10th working day is Monday 16 November, so the investigation is due by then. The written summary is then due by Thursday 19 November, and safety work by Monday 23 November. That is 21 calendar days (15 working days) at most from report to finished safety work.

Phase 2 and Phase 3

Phase 1 covered damp and mold plus all emergency hazards. According to the government's 13 July 2026 announcement, Phase 2 adds excess cold, excess heat, falls, structural collapse, fire and explosions, electrical hazards and domestic hygiene as significant hazards from 30 November 2026. The draft amending regulations were laid on 13 July 2026, when the government also published the regulations as they will apply. The Parliament procedure record shows the House of Lords approved them on 14 October 2026, while Commons approval was still pending as of 15 October 2026. Phase 3, planned for 2027, extends the rules to the remaining hazards except overcrowding.

The guidance says the rules do not cover long leaseholds, owner-occupied homes, shared ownership or housing occupied under a licence.

Private renters in England

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. Sections 60 and 61 give the government power to apply Awaab's Law to rented homes and to accommodation occupied under licence, but regulations must still be made before anything changes for tenants.

The consultation published on 9 October 2026 closes at 11:59pm on 18 December 2026. It puts the earliest feasible start in 2027, asks respondents to choose between 2027, 2028, 2029 or another date, and asks whether the start should wait for the new private landlord ombudsman, which the government expects from 2028.

Meanwhile, the consultation lists what private tenants can already do: complain to the landlord, ask the council to act on hazards, or sue for breach of the repair duties and the duty to keep a home fit for human habitation (section 9A of the Landlord and Tenant Act 1985), following the Pre-Action Protocol for Housing Conditions Claims.

Reporting and evidence

The deadlines run from when the landlord becomes aware, so a dated written report fixes the starting point.

  1. Report by email or through the landlord's portal. Describe where the damp or mold is, how large it is, when you first saw it, and who lives in the home, including anyone with asthma, a weakened immune system, or a young child or older adult. The government's health guidance lists these groups as at greater risk.
  2. Attach dated photos with something in frame for scale, and note leaks, stains or smells.
  3. Log every reply, visit and missed deadline, and save copies of sent messages.
  4. Keep any medical letters linking symptoms to the home, and records of damaged belongings.
  5. Ask for the written summary after the investigation. If you want someone to come and look, request a physical inspection before the investigation finishes.

Condensation and structural damp

The government's guidance calls condensation, indoor moisture settling on cold surfaces, the most common form of damp. Others are penetrating damp (water coming through walls, roofs or windows), rising damp (from the ground) and leaks.

The same guidance says it is totally unreasonable to blame damp and mold on lifestyle choices; the fundamental causes are building deficiencies, inadequate ventilation or heating, and poor energy efficiency.

If the landlord does not act

The guidance names three routes for social tenants: the landlord's complaints procedure, the Housing Ombudsman Service, and a court claim for breach of contract. The Ombudsman's complaint page says residents generally need to have completed the landlord's complaints process first, although it can also help if the landlord is not responding.

The consultation describes the Ombudsman as free and independent, and notes that it can order social landlords to carry out repairs and pay compensation. Councils can also act on hazards, the main route for private tenants today. This article is general information about the law as of 15 October 2026, not legal advice; a housing adviser or solicitor can assess a specific case.

Outside England: UK nations and US

Scotland and Wales

Scotland's Investigation and Commencement of Repair (Scotland) Regulations 2026 apply from 6 October 2026 to social and private landlords and cover damp and mold only. They require investigation within 10 working days and a written summary within 3; where the damp or mold is substantial, repairs must start within 5. Social landlords must finish within 20 working days of starting, private landlords as soon as reasonably practicable.

A Welsh Government statement of 19 December 2025 says the Welsh Housing Quality Standard adds timescales for investigating and fixing hazards, including damp and mold, from 1 April 2026, which social landlords must publish. Private landlords there remain bound by the duty to keep homes fit for human habitation under the Renting Homes (Wales) Act 2016. Northern Ireland is not covered here; renters there can ask the Housing Executive or a housing adviser.

United States

The EPA says it has no regulations or standards for airborne mold, so rules vary by state and city. New York City's Local Law 55 of 2018 covers buildings with three or more apartments, requires owners to keep units free of mold, and requires annual inspections; tenants can complain to the owner and then to the city through 311. In California, Health and Safety Code section 17920.3 lists dampness of habitable rooms and visible mold growth, as determined by a health or code enforcement officer, among conditions that make a building substandard when they endanger occupants. The definition excludes minor mold on surfaces that collect moisture as part of their normal, intended use.

Frequently asked questions

Does the 24-hour rule apply to every mold patch?

No. The 24-hour period is for emergency hazards, meaning an imminent and significant risk. Most damp and mold cases fall under the 10-working-day route for significant hazards, which covers risks a reasonable landlord would treat as urgent; a minor problem may not meet that threshold at all.

Can my landlord refuse because I dry laundry indoors?

The guidance says landlords must not fail to act on assumptions about a tenant's lifestyle, and that ordinary cooking, bathing and drying clothes are unlikely to breach a tenancy. Hazards caused mainly by a genuine tenant breach, such as deliberate damage, fall outside the rules.

Does Awaab's Law cover me if I rent from a housing association?

Yes, if the landlord is a registered provider of social housing in England and you hold a tenancy. The guidance says temporary and supported accommodation let under a tenancy is included, but shared ownership and licences are not.

Will the private rented extension start in 2027?

Not certain. The consultation calls 2027 the earliest feasible date but asks respondents to choose between 2027, 2028 and 2029, so the date could move. Regulations must be made first.

Is the Housing Ombudsman available to private tenants?

Generally not yet. It handles complaints about members of its scheme, mainly social landlords. The government expects private landlords to be required to join a new ombudsman service in 2028.

A checklist for this week

  • Send a written report today, with photos, the date you first noticed the problem, and any health vulnerabilities in the household.
  • For social housing in England, put the deadlines in your calendar: 10 working days to investigate, then 3 for the summary and 5 for safety work.
  • If you rent privately in England, ask your council about hazard enforcement; the consultation closes on 18 December 2026.
  • If a deadline is missed, complain to the landlord and keep every reply.
  • In the US, check your city or state housing code; in New York City, call 311 if the owner does not fix the problem.

Sources

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