New regulations tighten landlord duties on damp and mould in rented homes
Recent legislative changes in England and Scotland impose stricter timescales and enforcement powers on landlords to investigate and remediate damp and mould issues, aiming to improve tenant health and safety in the private rented sector.
Landlords and letting agents across the UK now face enhanced responsibilities to address damp and mould promptly following high-profile cases highlighting severe health risks. The Renters’ Rights Act in England and new Scottish regulations set clear deadlines for investigations and repairs, reflecting growing government focus on housing conditions.
These regulatory updates arrive amid ongoing government consultations on implementing Awaab’s Law in England, which will further define landlord obligations. Landlords must prepare to meet these evolving standards to avoid enforcement action and safeguard tenant wellbeing.
Legislative changes on damp and mould enforcement
The tragic death of two-year-old Awaab Ishak in 2020 from a respiratory infection linked to prolonged exposure to damp and mould has driven significant reforms in housing regulation. In England, the Renters’ Rights Act has expanded local authorities’ powers to enforce standards in the private rented sector, obliging landlords to act decisively on damp and mould complaints.
Meanwhile, Scotland introduced the Investigation and Commencement of Repairs (Scotland) Regulations 2026 on 6 October 2026. These regulations require landlords to investigate reported damp and mould within 10 working days, provide tenants with a written summary of findings within three working days of completing the investigation, and commence necessary remedial works within five working days.
The UK government is currently consulting on the detailed implementation of Awaab’s Law in England, with the consultation period closing on 18 December 2026. This forthcoming legislation is expected to set statutory timescales and enforcement mechanisms similar to Scotland’s, aiming to ensure quicker landlord responses to damp and mould hazards.
Understanding damp and mould risks in rental properties
Damp and mould arise from various causes that landlords need to identify accurately to address effectively. Rising damp involves moisture moving up from the ground through walls, often requiring specialist treatment in older buildings. Penetrating damp results from external water ingress due to issues like leaking pipes or damaged roofs. Construction damp stems from design or building faults, while condensation damp is caused by excess indoor moisture combined with poor ventilation.
Condensation damp is particularly common during colder months when heating is used without adequate airflow. Activities such as cooking, showering, and drying clothes indoors increase moisture levels, which can lead to mould growth if ventilation is insufficient. Simply cleaning visible mould without resolving the underlying moisture problem risks recurrence.
Exposure to damp and mould can exacerbate respiratory conditions and allergies, especially in children, the elderly, and those with weakened immune systems. Landlords must recognise these health implications and act promptly to prevent harm.
Practical implications for landlords and agents
Landlords and letting agents must establish robust procedures for inspecting properties, responding to tenant reports, and maintaining records of investigations and repairs related to damp and mould. Prompt communication with tenants about actions taken is essential, particularly under Scotland’s regulations requiring written summaries.
Property maintenance should include regular checks of potential sources of damp, such as gutters, roofs, and plumbing, to prevent water ingress. Ventilation systems and extractor fans must be functional and encouraged for use by tenants. Heating strategies should balance warmth with airflow to reduce condensation risks.
Failing to address damp and mould adequately can lead to enforcement action, tenant complaints, and potential legal liability. Landlords should also be aware of forthcoming changes from Awaab’s Law in England, which may impose stricter deadlines and penalties.
Remaining uncertainties and areas to monitor
The precise details and commencement dates of Awaab’s Law remain under consultation, leaving some uncertainty for landlords in England about exact compliance requirements. The government’s final approach to enforcement powers and timescales may evolve based on consultation feedback.
Differences between England and Scotland’s regulatory frameworks also require landlords with properties in multiple jurisdictions to navigate varying obligations carefully. Monitoring official government updates and local authority guidance will be critical.
Additionally, the practical challenges of diagnosing damp causes and implementing effective remedies, especially in older or complex properties, mean landlords should seek professional advice where necessary. The balance between tenant responsibilities (such as ventilation) and landlord duties must be clearly communicated.
Steps landlords should take now to manage damp and mould risks
- Review all rental properties for signs of damp and mould, particularly during seasonal changes when condensation issues peak.
- Ensure maintenance schedules include inspections of gutters, roofs, plumbing, and ventilation systems to identify potential water ingress or airflow problems.
- Establish clear reporting channels for tenants to notify damp or mould concerns promptly and keep detailed records of all communications and remedial actions.
- Familiarise yourself with the requirements of the Renters’ Rights Act in England and the Scottish regulations on investigation and repair timescales.
- Stay informed on the progress of Awaab’s Law consultation and prepare to adapt policies and procedures accordingly.
- Consider professional assessments to identify the root causes of damp and mould rather than only treating visible symptoms.
- Communicate with tenants about the importance of ventilation and heating practices to help reduce condensation risks.
Supporting landlords through compliance challenges
The Landlord Association (TLA) provides members with access to comprehensive compliance resources and practical guidance to manage damp and mould issues effectively. Through TLA membership, landlords and letting agents can access up-to-date information on regulatory changes, including the Renters’ Rights Act and Scottish repair regulations.
TLA’s new property management and compliance platform, ORBIT, currently in BETA testing, offers tools to organise property records, track maintenance and inspections, and store documentation related to tenant reports and remedial work. This can help landlords maintain clear evidence of compliance and respond efficiently to damp and mould concerns.
Membership also includes support materials on health and safety obligations and landlord responsibilities, assisting members to implement best practices and prepare for upcoming legislation such as Awaab’s Law. Exploring TLA membership and ORBIT BETA access can provide landlords with valuable assistance in meeting evolving standards.
Landlords should use these resources to review their current procedures, ensure timely responses to tenant reports, and maintain thorough records to demonstrate compliance and protect tenant health.
Looking ahead, landlords who proactively address damp and mould risks and stay abreast of regulatory developments will be better positioned to provide safe, healthy homes and avoid enforcement action.
Sources: Landlord Today
TLA - The Landlord Association