Damp and Mould Guidance Note
This Guidance Note: Damp and Mould is intended for use by landlords and their agents. It provides an overview of damp and mould issues in residential tenancies, outlines the relevant legal standards, and details procedures for addressing tenant reports, along with key steps for ensuring compliance with applicable laws and regulations.
In December 2020, 2-year-old Awaab Ishak tragically died from a severe respiratory infection caused by prolonged exposure to damp and mould in his home. In response, Awaab’s Law was introduced as part of the Social Housing (Regulation) Act 2023, requiring social landlords to investigate and resolve damp and mould issues within a set timeframe. The government also issued a guidance titled Understanding and addressing the health risks of damp and mould in the home - GOV.UK (external link).
Awaab’s Law will come into effect in phases starting from October 2025, when social landlords will have to address damp and mould hazards within a fixed timescale. For emergency repairs, social landlords will be required to address these within 24 hours. The second phase is expected in 2026, broadening the range of hazards. In 2027, it is expected that Awaab’s Law will be extended to the Housing Health and Safety Rating System (HHSRS).
The government has proposed expanding Awaab’s Law to the private rented sector through The Renters’ Rights Bill, alongside the introduction of a new Decent Homes Standard and improved Minimum Energy Efficiency Standards.
Both private and social landlords must comply with a number of laws and regulations under The Housing Act 2004, Homes (Fitness for Human Habitation) Act 2018, The Landlord and Tenant Act 1985, and The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. Additionally, social landlords must comply with the Social Housing (Regulation) Act 2023, and the Decent Homes Standard.
The Guidance Note explores damp, condensation and mould, the laws and regulations landlords must comply with, and steps on supporting vulnerable tenants and dealing with reports of damp and mould. The Guidance Note also considers the range of powers available to local councils for enforcement and proactive steps landlords can take to address damp and mould.
The following supplemental documents should be read with this Guidance Note:
Damp and Mould Information Letter to Tenant
Tenant Letter: Maintaining Your Property in Winter
Letter to Residential Tenant Requesting Access to Carry Out a Damp and Mould Inspection
Letter to Residential Tenant Requesting Access to Carry Out Damp and Mould Works
Letter to Residential Tenant Requesting Access to Carry Out a Post Works Damp and Mould Inspection
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