Awaab's Law is coming to private rentals. "It's the tenant's fault" won't be enough.

What's happening

On 9 October 2026, the Ministry of Housing, Communities and Local Government launched a consultation on extending Awaab's Law to private rented homes in England. The powers to do this are already in the Renters' Rights Act. The consultation sets out the detail, and it closes on 18 December 2026.

Awaab's Law is named after Awaab Ishak, a two-year-old who died after prolonged exposure to mould in his family's social housing flat in Rochdale. It already applies to social housing. Now the private sector is next.

The Government's starting point is to mirror the social housing rules:

• Investigate a significant hazard within 10 working days
• Send the tenant a written summary of the findings within 3 working days
• Make the property safe within 5 working days
• Deal with emergency hazards within 24 hours

Each of these is open for consultation, with shorter and longer options on the table. It would cover all housing health and safety hazards except overcrowding, so damp and mould are firmly included. No start date has been set yet.

Who it affects

Private landlords, and the letting and managing agents who look after their properties. Government figures in the consultation show that almost half of private landlords use a letting agent, and nearly one in five use full management.

The Good

Clear timescales mean clear expectations. Landlords and agents will know exactly what's required and when, rather than arguing about what counts as "reasonable". And homes that are dealt with properly and promptly are better for tenants, protect the landlord's asset, and are far less likely to end in a dispute.

There's a role for agents too. One option in the consultation would allow "the landlord or agent" to make an initial assessment, before calling in a specialist if needed.

The Bad

The timescales are tight, especially for smaller landlords and agents managing older properties. Ten working days to investigate and five to make safe leaves little room for slow contractors, missed appointments or waiting for a second opinion.

And if deadlines are missed, the Government is asking whether private landlords should have to provide alternative accommodation. It admits this is "likely to be highly challenging" in the private sector, but the question is on the table.

The Ugly

This is the uncomfortable bit. Ask landlords about damp, and many will tell you the tenant is to blame: washing dried on radiators, extractor fans switched off, windows never opened.

Sometimes that's true. The consultation proposes that hazards caused by a tenant's breach of their tenancy could be excluded. But it is equally clear that landlords must not dismiss damp and mould based on "assumptions" about a tenant's "lifestyle".

In practice, damp usually has more than one cause: the building, the ventilation, and how the home is lived in. Under Awaab's Law, "it's the tenant's fault" will need evidence, not just a hunch. The landlords and agents who investigate properly, record what they find and fix what they can will be in a far stronger position than those who don't.

Condensation is a good example. It's one of the most common causes of damp, and it can often be solved by small changes in how a home is lived in: drying washing outside or in a ventilated room, putting lids on pans, opening a window after a shower, and keeping the heating on low and steady. Tenants can't be expected to know that unless someone tells them.

What to do now

1. Take every damp report seriously, and log it. Date, photos, what was reported and what you did.
2. Investigate the cause, not just the symptom. Look at ventilation, insulation, leaks and how the property is used.
3. Fix what's within the landlord's control. Effective, humidity-controlled extractor fans and good ventilation remove a lot of arguments.
4. Give every tenant a condensation guide. A clear, friendly guide at the start of the tenancy, explaining what causes condensation and simple ways to prevent it. Send it again whenever damp is reported, along with what you're doing about it. It helps the tenant, and it shows the landlord took reasonable steps.
5. Have your say. The consultation is open to everyone until 18 December. Agents see these problems every day, so your views matter.

Still waiting to hear

• When Awaab's Law will start in the private rented sector.
• The final timescales, after the consultation.
• Whether private landlords will have to provide alternative accommodation if deadlines are missed.

Awaab's Law, hazards and the duty to repair are all part of the lettings pathway of the Propertymark Qualifications Level 3 Certificate in Property Agency. Knowing the law means you can guide landlords before a problem becomes a claim.

Questions? Email claudia@letiq.co.uk

Source: GOV.UK: Extending Awaab's Law to private rented tenancies and to licences

Claudia Brown, Director, LETiQ