Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
In December 2020, a two-year-old boy named Awaab Ishak died in Rochdale as a result of prolonged exposure to mould in his family’s social housing flat. A coroner’s inquest in 2022 found that the cause of death was a respiratory condition caused by mould in the property. The landlord, a housing association, had failed to act on the family’s repeated complaints. Awaab’s death prompted widespread public concern and directly led to legislation bearing his name. That legislation, which has already been extended to social housing, will in time apply to private renting as well.
What Is Awaab’s Law?
Awaab’s Law is a set of legal requirements, introduced for social housing through the Social Housing (Regulation) Act 2023 and in force for social housing since October 2025, that require landlords to address specific health hazards within defined timeframes. Social housing landlords must investigate reported hazards within 14 days, address emergency hazards within 24 hours, and complete repairs within specified periods. Tenants can enforce these requirements through the courts if landlords fail to comply.
When Will It Apply to Private Renting?
The Renters’ Rights Act 2025 contains powers to extend Awaab’s Law to the private rented sector. This extension forms part of Phase 3 of the Act’s implementation and is not expected to take effect until 2035 at the earliest. The Government is required to consult further on the specific timeframes for the private sector before bringing them into force. The delay reflects the practical complexity of implementing mandatory health hazard response requirements across approximately 4.7 million privately rented properties, but it does not reflect a lack of political will on the underlying issue.
What Rights Tenants Have Now
The fact that Awaab’s Law has not yet been extended to private renting does not mean tenants are without legal recourse if their landlord fails to address damp, mould, or other hazardous conditions. There are already several routes available.
Section 11 of the Landlord and Tenant Act 1985 imposes an implied obligation on landlords in all residential tenancies of less than seven years to keep the structure and exterior of the property in repair and to keep in repair and proper working order the installations for space heating and water heating. Where damp results from a structural defect, this obligation is engaged. The landlord’s obligation to repair is triggered by knowledge of the defect, which is why it is essential to report any problems in writing and keep a record of having done so.
Local authorities have the power to inspect properties under the Housing Health and Safety Rating System and to require landlords to address Category 1 and Category 2 hazards. Severe damp and mould are typically assessed as hazardous under the HHSRS. Requesting an inspection from your council’s Private Sector Housing team is a free and often effective step. Enhanced investigatory powers have been in place since December 2025, making it easier for councils to act on complaints.
Where a landlord has been notified of a problem in writing and has failed to respond within a reasonable time, a tenant can also pursue court proceedings for an injunction requiring the works to be carried out and for damages to cover any harm suffered as a result of the disrepair. We regularly act for tenants in housing disrepair claims of this kind.
If you are a landlord or tenant in East Sussex and would like advice on how the Renters' Rights Act affects your situation, we would be happy to help. Cramp & Mullaney LLP has offices in Eastbourne at The White House, 97 South Street, Eastbourne, East Sussex, BN21 4LR and in Battle at 42A High Street, Battle, East Sussex, TN33 0EA. You can call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222. We offer a fixed fee 30-minute initial consultation and act for both landlords and tenants across East Sussex and the wider South East.
This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
