How to Respond to a Damp & Mould Complaint (Awaab's Law)

Step-by-step response to a tenant damp & mould complaint under Awaab's Law — investigation timescales, remedial works, evidence requirements.

Summary

Awaab's Law sets strict timescales for investigating and remediating damp, mould and other prescribed hazards in social housing. The Renters' Rights Act 2025 allows these duties to be extended to the private rented sector in a later phase (commencement date to be confirmed).

Quick answer

Treat a damp or mould report as a prescribed hazard with a clock attached. Investigate promptly, put the findings in writing to the tenant, carry out the remedial work within the required period, and keep dated photographs, correspondence and contractor records as evidence that you met the timescales.

Introduction

Awaab's Law (introduced via the Social Housing (Regulation) Act 2023) imposes investigation and remediation timescales on social landlords, and the Renters' Rights Act 2025 provides for extending them to private rented housing at a date still to be confirmed. Here's the practical landlord response.

Steps

1. Acknowledge the complaint in writing within 24–48 hours — Reply in writing (email is fine) confirming you've received the complaint, the date, and that you will investigate. Ask the tenant for photos of the affected area, when it started, and any health concerns. Keep this on the property file.

2. Investigate within the prescribed timescale — Awaab's Law sets short prescribed timescales for investigation of damp & mould complaints in social housing — 10 working days to investigate a significant hazard, with a written summary to the tenant within 3 working days of concluding the investigation. Equivalent timescales are expected for the private rented sector once the Renters' Rights Act 2025 provisions are commenced, so treat them as the safe operating model now. Send a competent person (or surveyor for serious cases). Photograph and document the moisture readings, ventilation, insulation and any leaks.

3. Distinguish lifestyle moisture from building defects — Use a moisture meter and ventilation check. Cooking/drying-clothes moisture is a tenant lifestyle factor (you address through advice and extractor fans). Penetrating damp, rising damp and cold-bridging are building defects — your responsibility under Section 11 Landlord and Tenant Act 1985. Document the diagnosis fairly.

4. Carry out emergency works within the prescribed window — Where the hazard is significant (e.g. mould in a child's bedroom, vulnerable occupier), Awaab's Law sets short repair windows for social landlords and is the benchmark private landlords should work to. Issue work orders the same day, get the work done, photograph before/after, and keep the contractor invoice.

5. Provide alternative accommodation if needed — If the property cannot be safely occupied during works, you may need to provide or pay for alternative accommodation. Keep written agreement with the tenant on duration and cost.

6. Send a written close-out report and follow-up — Once works are complete, send the tenant a written report: what was found, what was done, the contractor used, advice on ventilation, and a follow-up check date. Schedule a 30-day re-inspection.

Common pitfalls

• Blaming the tenant for 'lifestyle' before investigating the property condition — proper diagnosis is expected.
• Trying to retaliate via possession — Section 21 no longer exists, and the RRA strengthens retaliatory-eviction protections against Section 8.
• Not photographing before/after — you have no evidence base if the issue recurs.
• Underestimating: treat a tenant complaint as a clock-starting event.

FAQ

When does Awaab's Law apply to private landlords? It does not yet. Awaab's Law applies to social landlords from 27 October 2025. The Renters' Rights Act 2025 provides for extending it to the private rented sector, with prescribed timescales set by secondary legislation and a commencement date still to be confirmed. Until then, treat the social-rented timescales (14-day investigation, urgent works within 7 days) as the safe operating model.

What hazards does Awaab's Law cover? Originally damp and mould. The Act enables the government to extend it to other prescribed Housing Health and Safety Rating System (HHSRS) hazards (e.g. excess cold, falls, fire, carbon monoxide). Check the latest prescribed list before relying on a narrow reading.

Can I serve possession because of complaints? No — that's retaliatory eviction and is prohibited. Section 21 is gone, and Section 8 grounds cannot be used as a retaliation tool. Councils can serve improvement notices that bar Section 8 (non-mandatory) grounds for a period after issue.

References: - GOV.UK — Awaab's Law guidance — https://www.gov.uk/government/publications/awaabs-law-guidance-for-social-landlords - HHSRS Operating Guidance — https://www.gov.uk/government/publications/housing-health-and-safety-rating-system-guidance-for-landlords-and-property-related-professionals