Damp and Mould in London Rentals: Landlord Responsibilities in 2025
Awaab's Law and the Renters' Rights Bill are significantly strengthening tenant protections around damp and mould. London landlords must understand their new obligations.
The Legal Framework
Landlord obligations regarding damp and mould come from multiple sources:
- The Homes (Fitness for Human Habitation) Act 2018 — properties must be fit for human habitation throughout the tenancy
- The Housing Health and Safety Rating System (HHSRS) — local authorities can take enforcement action against properties with excess cold or damp hazards
- Awaab's Law (provisions of the Social Housing Regulation Act 2023) — currently applies to social housing but provisions are being extended to private rented sector
Awaab's Law Extended to Private Rented Sector
Awaab's Law was named after Awaab Ishak, a two-year-old who died in 2020 from health complications caused by mould in a social housing property. The Renters' Rights Bill (expected to become law in 2025) will extend Awaab's Law timescales to the private rented sector, requiring landlords to:
- Investigate damp and mould complaints within 14 days
- Begin emergency repairs within 24 hours where there is immediate risk to health
- Complete all required repairs within a fixed timescale
Condensation vs Penetrating Damp vs Rising Damp
The type of damp matters for liability. Condensation damp (from moisture-laden air) can result from structural ventilation inadequacy (landlord responsibility) or from lifestyle factors such as drying laundry without ventilation (more complex). Penetrating damp from a roof leak or defective pointing is clearly the landlord's structural responsibility. Rising damp from groundwater requires specialist treatment and is a landlord obligation.
Practical Steps for Landlords
- Respond to damp complaints in writing within 14 days with an inspection date
- Carry out a proper diagnosis — visual inspection plus a damp meter
- Do not simply repaint over mould — address the underlying cause
- Ensure extractor fans are fitted and working in kitchens and bathrooms
- Consider a heat recovery ventilation system in older properties with inadequate ventilation
Frequently asked questions
Is mould always the landlord's responsibility?
Not always — mould resulting entirely from tenant behaviour such as drying clothes indoors without ventilation may be the tenant's responsibility. However, where the property lacks adequate ventilation or insulation, the landlord likely bears responsibility. The cause must be properly investigated.
What is Awaab's Law and does it apply to private landlords?
Awaab's Law sets mandatory timescales for landlords to investigate and fix damp and mould. Currently it applies to social housing. The Renters' Rights Bill will extend equivalent obligations to private landlords.
Can a tenant withhold rent because of damp?
Tenants cannot unilaterally withhold rent but they can seek a rent reduction through the tribunal if the property is not fit for human habitation. Documenting complaints and responses is critical for landlords.
What is the fastest way to remove black mould from walls?
Apply a mould-killing spray (containing bleach or specialist biocide), leave for 30 minutes, scrub and rinse. Wear PPE. Repainting with anti-mould paint helps prevent regrowth. Crucially, address the underlying cause of moisture or the mould will return.