Damp and Mould Enforcement: Timelines Under Awaab's Law

Damp and mould is the single most common housing complaint received by local authority enforcement teams. The English Housing Survey estimates that 900,000 privately rented homes have problems with damp, and around 5% of PRS tenants report serious condensation or mould growth. The health impacts are well documented: respiratory conditions (asthma, bronchitis, allergic rhinitis), immune system suppression, and in the most extreme cases, death. Children, elderly people, and those with pre-existing respiratory conditions are disproportionately affected. Historically, damp and mould complaints have been difficult to enforce because landlords frequently attribute the problem to tenant 'lifestyle' factors (insufficient heating, inadequate ventilation, drying clothes indoors) rather than building deficiencies. Awaab's Law shifts the burden by requiring landlords to investigate and address reports within prescribed timescales, regardless of the perceived cause.

When a tenant reports damp or mould to their landlord, the clock starts on a series of prescribed timescales. Day 0: Tenant reports the issue to the landlord (in writing, by phone, via a portal, or in person). Day 14: The landlord must have acknowledged the report in writing and provided the tenant with information about next steps. Day 21: A qualified inspection of the property must have been carried out, with findings recorded and shared with the tenant. Day 28: Repair works must have commenced (not necessarily completed, but actively under way). For emergency situations where there is an immediate risk to health, works must commence within 24 hours of the landlord becoming aware. If the issue cannot be fully resolved within a reasonable period, the landlord must provide suitable temporary alternative accommodation. For enforcement officers, each missed deadline represents a potential offence. The key evidence is the documented timeline showing when the tenant reported, when the landlord responded, and what action was taken at each stage.

The Housing Health and Safety Rating System (HHSRS) provides the technical framework for assessing damp and mould as a housing hazard. Under HHSRS, damp and mould growth falls under the hazard category of 'Damp and Mould Growth' (hazard number 1 in the prescribed list). The assessment considers the likelihood of harm occurring and the probable severity of that harm, producing a hazard score. A score of 1,000 or above indicates a Category 1 hazard, which the council has a duty to take action on. Scores below 1,000 indicate Category 2 hazards, where the council has a power (but not a duty) to act. When assessing damp and mould, officers should evaluate: the extent of the affected area (percentage of walls, ceilings, and other surfaces); the type and severity of mould growth; the underlying cause (penetrating damp, rising damp, condensation, plumbing leaks); the age and vulnerability of occupants; the duration of the problem; and the adequacy of heating and ventilation provision in the property.

An effective enforcement workflow for damp and mould cases under Awaab's Law proceeds as follows. On receipt of a tenant complaint, the triage system classifies the case and requests initial evidence (photographs, correspondence with the landlord, medical evidence if available). The officer reviews the evidence and establishes the timeline: when was the issue first reported to the landlord, and what response was received? If the prescribed timescales have been breached, the officer contacts the landlord to inform them of the alleged breach and request their account of events. A property inspection is scheduled to assess the damp and mould under HHSRS, photograph the conditions, and gather evidence. Based on the inspection findings and the timeline evidence, the officer determines the appropriate enforcement action: an improvement notice requiring remediation; a civil penalty for breach of prescribed timescales; or both. The case is documented with full evidence and progressed through the enforcement pipeline to resolution.

Landlords frequently raise defence arguments in damp and mould cases that officers should be prepared to address. The most common is 'tenant lifestyle': the landlord claims damp is caused by the tenant's behaviour (not heating adequately, not ventilating, drying clothes indoors). While lifestyle factors can contribute to condensation, Awaab's Law requires the landlord to investigate and address the report regardless of perceived cause. If the property has structural deficiencies contributing to damp (poor insulation, inadequate ventilation, bridged damp proof courses), the landlord cannot shift responsibility to the tenant. Another common defence is 'the tenant did not report it properly.' Officers should document how the report was made and whether it was reasonable in the circumstances. Verbal reports, text messages, and reports to managing agents all count as reports to the landlord. A third defence is 'works are planned but delayed.' Awaab's Law sets specific timescales precisely to prevent indefinite delays. If works have not commenced within 28 days, the timescale has been breached regardless of future plans.