It’s that familiar time of year again, condensation on windowsills, black patches in corners, and tenants reporting “mould behind the wardrobe.” But this winter, there’s more at stake than routine maintenance. Local councils are increasingly treating damp and mould complaints as though Awaab’s Law already applies across the private rented sector.
The Changing Compliance Landscape
Awaab’s Law introduces new rules for social landlords from 27 October 2025, requiring them to investigate and fix damp and mould within strict timeframes. While these legal duties don’t yet apply to private landlords, the Renters’ Rights Bill signals that change is on the horizon, and local authorities are already enforcing with those same principles in mind.
Across the East Midlands and beyond, councils are increasing inspections, issuing improvement notices, and warning that “lifestyle” explanations will no longer be acceptable. Under existing powers within the Housing Health and Safety Rating System (HHSRS), landlords who fail to act can face civil penalties of up to £30,000 or even unlimited fines through prosecution.
Tenants can also pursue their own action under the Homes (Fitness for Human Habitation) Act 2018, which allows them to take landlords to court if a property is unfit to live in. The enforcement tools already exist, and the expectation to act promptly and professionally is only growing stronger.
Damp and Mould: A Compliance Issue, Not Just a Maintenance Task
For landlords and letting agents, it’s time to shift perspective. Damp and mould can no longer be dismissed as seasonal inconvenience, they are now a compliance responsibility. The key question isn’t “Is this condensation?” but “Can you demonstrate that you’ve taken reasonable and timely steps to resolve it?”
That means maintaining a clear paper trail:
-
Record every report and communication from tenants.
-
Keep copies of contractor instructions, findings, and repairs.
-
Take before-and-after photos and note completion dates.
If a local authority officer visits, you’ll need to provide evidence of proactive management. Without documentation, your actions may not be recognised.
Preparing for Winter: Practical Steps for Agents and Landlords
Preparation is the best defence. Before the cold weather sets in:
-
Inspect properties for early signs of damp, leaks, or blocked ventilation.
-
Service extraction fans and gutters and ensure insulation is adequate.
-
Brief contractors to ensure they can respond quickly if issues arise.
-
Train your team to handle reports sensitively and escalate swiftly.
Communication also matters. Tenants should understand how to ventilate and heat properties appropriately, but agents and landlords must lead by example with prompt, documented responses.
Setting the Standard in the East Midlands
Awaab’s Law may not yet apply to the private rented sector, but its standards already influence enforcement and expectations. Councils expect proof of action, tenants expect timely responses, and professional agents and landlords are expected to set the standard.
By treating damp and mould as a key compliance area, alongside gas and electrical safety, East Midlands property professionals can not only stay ahead of regulation but also strengthen trust and reputation across the sector.