Awaab's Law for Private Landlords: What You Need to Know

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Awaab's Law (named after Awaab Ishak who died from mould exposure) sets strict timescales for landlords to address damp and mould. Private landlords must investigate within 14 days of being notified, start repairs within 7 days for serious hazards, and complete emergency repairs within 24 hours.

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Damp and mould have always been landlord repair responsibilities, but Awaab's Law introduces legally binding timescales. Here's what private landlords need to know.

What is Awaab's Law?

Awaab's Law is legislation that sets specific timescales for landlords to respond to damp and mould complaints. It was introduced through the Social Housing (Regulation) Act 2023 and is being extended to private landlords.

The law creates enforceable deadlines that landlords must meet when tenants report damp or mould issues. Failure to meet these timescales can result in compensation claims and enforcement action.

Who was Awaab Ishak?

Awaab Ishak was a two-year-old boy who died in December 2020 from a respiratory condition caused by prolonged exposure to mould in his family's housing association flat in Rochdale.

His parents had repeatedly reported the mould to their landlord, Rochdale Boroughwide Housing, but the issue was not adequately addressed. The coroner's inquest in 2022 found that Awaab's death was directly caused by the mould exposure, describing it as "entirely preventable."

The case highlighted the devastating consequences of poor housing conditions and prompted the government to introduce stricter requirements for landlords dealing with damp and mould.

When does Awaab's Law apply to private landlords?

Awaab's Law initially applied to social housing landlords under the Social Housing (Regulation) Act 2023. The government has confirmed the requirements will extend to the private rented sector through the Renters' Rights Bill.

Private landlords should prepare now. Even before formal extension, the timescales in Awaab's Law represent best practice and could be used as evidence in disrepair claims. Courts are increasingly referencing these standards when assessing whether landlords have acted reasonably.

What are the timescales under Awaab's Law?

Awaab's Law sets three key timescales: 14 days to investigate, 7 days to start repairs for hazards, and 24 hours for emergency repairs.

Timescale Requirement Details
14 days Investigation Investigate the reported issue and provide written response
7 days Start repairs Begin repair works for identified hazards
24 hours Emergency repairs Address emergency issues posing immediate risk

14 days to investigate

Once a tenant reports damp or mould, you have 14 calendar days to investigate the issue. This means inspecting the property, identifying the cause, and providing the tenant with a written summary of your findings and proposed action.

7 days to start repairs

If your investigation identifies a hazard (including any damp or mould that poses a health risk), you must begin repair works within 7 days. This doesn't mean completing the repair, but meaningfully starting the work.

24 hours for emergencies

Emergency hazards must be addressed within 24 hours. An emergency is anything that poses an immediate and serious risk to health. Severe mould affecting a child's bedroom or someone with respiratory conditions would typically qualify.

What counts as a 'hazard' under Awaab's Law?

A hazard is any damp, mould, or related condition that poses a risk to the health or safety of occupants. Severe cases may be classified as HHSRS Category 1 hazards requiring urgent action.

The Housing Health and Safety Rating System (HHSRS) provides guidance on assessing hazards. Factors include:

  • Extent of the damp or mould (surface area affected)
  • Location (bedrooms and living areas are higher priority)
  • Vulnerability of occupants (children, elderly, those with respiratory conditions)
  • Duration of exposure
  • Type of mould (black mould is particularly harmful)

When in doubt, treat the issue as a hazard. The 7-day timescale is designed to ensure prompt action on any condition that could harm tenants.

What are the penalties for non-compliance?

Landlords who fail to meet Awaab's Law timescales face compensation claims, enforcement action from local authorities, and potential rent repayment orders.

Specific consequences include:

  • Compensation: Tenants can claim compensation for discomfort, inconvenience, and any health impacts
  • Improvement notices: Local authority can require works with criminal penalties for non-compliance
  • Rent repayment orders: Tenants may reclaim rent paid during the period of disrepair
  • Civil penalties: Fines up to £30,000 for serious breaches
  • Banning orders: Persistent offenders can be banned from letting property

Beyond legal penalties, failure to address damp and mould exposes landlords to significant disrepair claims. Damages for mould-related health impacts can be substantial.

How to comply with Awaab's Law

Compliance requires clear processes for receiving reports, investigating promptly, and completing repairs within the required timescales. Documentation is essential.

  1. Set up a reporting system: Make it easy for tenants to report issues. Provide email, phone, and written options. Acknowledge all reports in writing within 24 hours.
  2. Investigate within 14 days: Visit the property, assess the issue, identify the cause, and document your findings. Provide the tenant with a written summary.
  3. Assess severity: Determine if the issue is an emergency (24-hour response) or a standard hazard (7-day response).
  4. Start repairs promptly: Book contractors immediately. If there's a wait, document your attempts and consider temporary measures.
  5. Keep records: Photograph the issue before and after. Keep copies of all correspondence, contractor invoices, and completion certificates.
  6. Follow up: Check the repair resolved the issue. Monitor for recurrence.

Preventing damp and mould claims

Prevention is better than cure. Proactive maintenance, proper ventilation, and regular inspections reduce the risk of damp and mould issues developing.

Key prevention strategies:

  • Ensure adequate ventilation: Install extractor fans in kitchens and bathrooms. Check trickle vents are open.
  • Maintain the building envelope: Fix roof leaks, pointing, and guttering promptly. Address any penetrating damp sources.
  • Provide heating: Ensure heating systems work efficiently. Cold surfaces encourage condensation.
  • Conduct regular inspections: Annual inspections help identify early signs of damp before they become serious.
  • Educate tenants: Provide guidance on reducing condensation through ventilation and heating. However, remember that lifestyle factors rarely excuse landlord inaction.
  • Address issues promptly: Small damp patches are easier and cheaper to fix than established mould infestations.

Frequently asked questions

Is Awaab's Law in force now?

Awaab's Law was introduced through the Social Housing (Regulation) Act 2023 and initially applied to social housing. The government has confirmed it will extend to the private rented sector through the Renters' Rights Bill. Private landlords should prepare now as the requirements will become mandatory.

Does Awaab's Law apply to all damp or just mould?

Awaab's Law covers damp and mould specifically, but the requirements apply to any condition that could pose a health hazard. This includes condensation damp, penetrating damp, rising damp, and any resulting mould growth. The law focuses on conditions that could cause harm to occupants' health.

What evidence do I need to keep?

You should keep dated records of: the initial tenant report or complaint, your acknowledgement and response, investigation notes and findings, photos of the issue before and after repair, contractor quotes and invoices, repair completion dates, and any communication with the tenant. These records prove you met the required timescales.

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LandlordOS tip

Create a damp and mould response checklist now. When a tenant reports an issue, you'll know exactly what to do and when. The 14-day clock starts when the tenant notifies you, so having a clear process prevents delays that could lead to non-compliance.

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