Keeping a rented home in good repair is the oldest duty a landlord has, and it has grown teeth in recent years. Damp and mould in particular have moved from being a nuisance the tenant was often told to manage to a hazard the landlord has to fix, on a clock. The change came after the death of Awaab Ishak, a two-year-old who died from prolonged exposure to mould in a rented home, and the law that followed carries his name.
Your basic repairing obligation
Under the Landlord and Tenant Act 1985, you are responsible for keeping in repair the structure and exterior of the property, and the installations for water, gas, electricity, sanitation, space heating and hot water. That covers the roof, the walls, the windows, the pipes, the boiler, and the wiring. You cannot pass this duty to the tenant, and a clause in the tenancy that tries to is not valid.
Repair is triggered by disrepair. Once you know, or ought to know, that something is broken, you have to put it right within a reasonable time. What is reasonable depends on how serious it is: a total loss of heating in winter is urgent, a dripping tap is not.
Fitness for human habitation
The Homes (Fitness for Human Habitation) Act 2018 goes further than repair. It requires the property to be fit to live in at the start of the tenancy and throughout it. Fitness is judged across a set of factors including damp, ventilation, stability, freedom from serious hazards, and adequate facilities. A property can be in repair in the narrow sense and still be unfit, for example if it suffers persistent condensation damp that makes a room unhealthy to use.
If a property is unfit, the tenant can take the landlord to court directly, without waiting for the council, and can seek an order to force the works and compensation. This shifted the balance. Tenants no longer have to persuade a council to act.
Damp and mould, and Awaab's Law
For years, damp and mould were often blamed on the tenant's lifestyle, on drying washing indoors or not opening windows. That defence has worn thin. Guidance to the sector now makes clear that landlords should not automatically attribute damp and mould to the occupants, and should investigate the underlying cause, which is frequently a building fault such as poor insulation, a failed damp course, or inadequate ventilation.
Awaab's Law puts timescales behind this. It requires landlords to investigate reported hazards within a set period and to begin fixing serious ones within a further set period, rather than letting reports sit. It began in the social rented sector and is being extended to the private rented sector through the Renters' Rights Act framework, with the detail of the timescales set out in regulations. The direction is fixed even where a specific date is still being confirmed: a report of serious damp or mould is something you have to act on quickly and be able to show you acted on.
What this means in practice
Respond to reports fast and in writing. When a tenant reports damp, mould, a broken boiler or any hazard, log the date, respond, and keep a record of what you did and when. If a dispute ever reaches a court or the coming ombudsman, that record is your evidence.
Investigate the cause rather than treating the symptom. Wiping mould off a wall and repainting it does not fix a ventilation problem, and it will come back. Find out why the moisture is there. Do not blame the tenant by default. You can give sensible advice on ventilation, but you cannot use it as a reason to do nothing about a building fault.
Keep the property genuinely warm and dry. Many damp problems trace back to inadequate heating or insulation, which is also where the energy efficiency rules are heading, so the same work often serves two duties.
If an agent manages the property
Make sure your agent has a clear process for logging and acting on repair reports, and that they escalate serious hazards to you quickly rather than letting them queue. Ask to see the repair log periodically. The legal duty to keep the property fit stays with you, and a slow agent does not change who a court holds responsible.
Repairs used to be a matter of keeping tenants reasonably happy. They are now a matter of legal duty with timescales and a direct route for tenants to enforce them. A landlord who responds quickly, investigates properly, and keeps records will meet the duty. One who lets reports sit is carrying a risk that has grown a great deal heavier.
This article is general information, not legal advice. The application of Awaab's Law to the private rented sector is being implemented through regulations. Check the current government guidance or take professional advice before acting.
