Awaab's Law in the Private Sector: Enforcement Guidance

Awaab's Law is named after Awaab Ishak, a two-year-old boy who died in December 2020 from a respiratory condition caused by prolonged exposure to mould in his family's social housing flat in Rochdale. The coroner's report, published in November 2022, found that the housing association had failed to act on the family's repeated reports of mould over a period of years. The case prompted the government to introduce mandatory timescales for landlords to address hazards like damp and mould, initially in social housing through the Social Housing (Regulation) Act 2023 and subsequently extended to the private rented sector through the Renters' Rights Act 2025. The private sector extension is particularly significant given that damp and mould affect an estimated 900,000 privately rented homes in England.

Awaab's Law sets out mandatory timescales for landlords to respond to reports of prescribed hazards, primarily damp and mould but potentially extended to other hazards through secondary legislation. The timescales are: the landlord must acknowledge a tenant's report within 14 calendar days; a qualified inspection must be carried out within a further 7 days; repair works must begin within a further 7 days of the inspection; and emergency works (where there is an immediate risk to health) must begin within 24 hours. If the hazard cannot be fully remedied within a reasonable period, the landlord must provide suitable alternative accommodation. These timescales apply from the date the tenant first reports the issue to the landlord, creating a clear audit trail that enforcement officers can verify.

Local authorities are responsible for enforcing Awaab's Law in the private sector. When a landlord fails to meet the prescribed timescales, this constitutes an offence for which the council can impose civil penalties of up to £7,000 for a first breach and up to £40,000 for repeat or serious breaches. Councils can also serve improvement notices under the Housing Act 2004 requiring specific remediation works. The enforcement process typically starts with a tenant complaint. Officers should verify the timeline of events: when the tenant first reported the issue, whether the landlord acknowledged the report, whether an inspection was carried out within the required timescale, and whether works commenced on time. Documentary evidence, including dated correspondence, photographs with metadata, and inspection reports, forms the basis of the enforcement case.

Successful enforcement under Awaab's Law requires clear evidence of both the hazard and the landlord's failure to meet the prescribed timescales. Key evidence includes: the tenant's initial report to the landlord (dated letter, email, text message, or online portal submission); any acknowledgement or response from the landlord; photographs of the damp or mould with date stamps; an HHSRS assessment by a qualified officer confirming a Category 1 or Category 2 hazard; records of any inspection or repair works carried out by the landlord and their dates; medical evidence if the tenant or household members have suffered health effects; and any previous complaints about the same property. Officers should advise tenants to keep dated records of all communications with their landlord from the outset, as these are essential for establishing the timeline that determines whether a breach has occurred.

While Awaab's Law creates a complaint-driven enforcement route, councils can also take proactive steps to identify properties at risk. EPC data reveals properties with poor thermal efficiency, which is a leading cause of condensation and mould. Cross-referencing low EPC ratings with the PRS Database and complaint history can identify clusters of at-risk properties. Some councils have partnered with NHS data teams to identify areas with high rates of respiratory conditions in children, which can indicate concentrations of poor housing. Environmental health teams can also use council tax data to identify older, poorly insulated properties in the PRS that are statistically more likely to suffer from damp and mould. Targeted area inspections in these hotspots can identify issues before they escalate to the severity seen in the Awaab Ishak case.