Navigating Damp, Mould, and Condensation: What Landlords and Tenants in Norwich Need to Know About Awaab's Law

Navigating Damp, Mould, and Condensation: What Landlords and Tenants in Norwich Need to Know About Awaab's Law

At Arlington Park, we're dedicated to keeping our community in Norwich informed about the latest developments in property law and best practices for maintaining healthy homes. The recent focus on damp, mould, and condensation in rental properties, particularly with the introduction of Awaab's Law, is a crucial topic for both landlords and tenants across the UK.

The tragic death of two-year-old Awaab Ishak in December 2020 due to prolonged exposure to mould in his social housing home highlighted a critical need for stronger protections for tenants. In response, "Awaab's Law" was introduced as part of the Social Housing (Regulation) Act 2023, representing a significant shift in landlord responsibilities.

What is Awaab's Law?

Coming into force for the social rented sector from 27th October 2025, Awaab's Law mandates that social landlords must investigate and fix dangerous damp and mould within strict timeframes. Key requirements include:

• Investigation: Social landlords must investigate potential damp and mould hazards within 10 working days of becoming aware of them.
• Emergency Repairs: For emergency hazards, including severe damp and mould, investigation and action must occur as soon as reasonably practicable, and in any event, within 24 hours.
• Making Property Safe: If a damp and mould hazard poses a significant risk of harm, the social landlord must make the property safe (using temporary measures if necessary) within 5 working days of the investigation. Supplementary work to prevent reoccurrence must be completed within 12 weeks.
• Written Summary: Tenants must receive a written summary of the investigation findings within 3 working days of its conclusion.
• Alternative Accommodation: If repairs cannot be completed within the specified timescales and the hazard poses a significant risk, social landlords must offer suitable alternative accommodation at their expense.
• Phased Implementation: While initially focused on damp and mould, the law will expand in 2026 to include a wider range of hazards (e.g., excess cold, falls, fire), and by 2027, it will encompass most hazards defined by the Housing Health and Safety Rating System (HHSRS).

Understanding Damp, Mould, and Condensation

It's vital for landlords to understand their existing responsibilities and for tenants to know their rights regarding property conditions. Landlords have a statutory duty under Section 11 of the Landlord and Tenant Act 1985 to keep the structure and exterior of the dwelling in repair. Additionally, the Homes (Fitness for Human Habitation) Act 2018 requires properties to be fit for human habitation, meaning they should be free from serious hazards, including damp and mould.

There are generally three types of damp:

1. Rising Damp: Occurs when moisture travels up from the ground through the property's structure. This is typically a structural issue and the landlord's responsibility.
2. Penetrating Damp: Happens when water enters the property from outside, often due to issues like leaking roofs, cracked walls, or faulty guttering. This is also usually the landlord's responsibility.
3. Condensation Damp: This is the most common type and occurs when a property cannot adequately deal with normal levels of water vapour, often due to a lack of insulation, ventilation, or heating. While tenants have a role in managing condensation through proper ventilation and heating, landlords are responsible for ensuring the property has adequate ventilation and insulation and is free from design flaws that contribute to condensation.

Landlord and Tenant Responsibilities

Landlords:

• Proactive Approach: Landlords should not wait for issues to become severe. Regular inspections and maintenance are key to preventing damp and mould.
• Investigate and Rectify: Promptly investigate any reports of damp or mould and address the root cause, not just the visible symptoms.
• Ensure Adequate Conditions: Provide efficient heating, effective insulation, and proper ventilation (e.g., extractor fans in bathrooms and kitchens).
• Record Keeping: Maintain clear records of all communication with tenants, inspections, and repair works.

Tenants:

• Report Issues Promptly: As soon as you notice any signs of damp, mould, or condensation, report it to your landlord or managing agent in writing, keeping a record of your communication.
• Cooperate with Inspections: Allow your landlord or their representatives access to the property to investigate and carry out repairs.
• Daily Habits: Contribute to preventing condensation by ventilating regularly (opening windows), using extractor fans, drying clothes outdoors or in a dryer, and keeping the property adequately heated.

What This Means for You

Awaab's Law marks a significant step towards ensuring healthier and safer living environments. For landlords, it underscores the importance of a proactive and responsive approach to property maintenance and tenant well-being. Failure to comply could result in legal action and significant penalties. For tenants, it provides stronger legal backing to ensure their homes are safe and habitable.

At Arlington Park, we encourage open communication between landlords and tenants. By working together, we can ensure rental properties in Norwich remain safe, healthy, and compliant with the evolving legal landscape.

For further information and guidance, you can refer to the official government resources on Awaab's Law and landlord responsibilities:

• Awaab's Law to force landlords to fix dangerous homes - GOV.UK
• Helping tenants with damp and mould in their homes (England) - The House of Commons Library
• Damp and mould in private rented homes - Shelter England