Decent Homes Standard Coming to Private Rentals: Mould, Damp & Repair Rights
The extension of Awaab's Law and the Decent Homes Standard to private rentals means landlords must address damp and mould complaints promptly, with new enforcement powers and penalties in place. Tenants now have more rights, and landlords will need to take a proactive approach to repairs and property maintenance.
AS
Anjila Shrestha
•
14 min read
•
Feb 24, 2026
•
Updated Feb 24, 2026
If you are a private landlord in England, the next few years are going to look very different. The Renters' Rights Act 2025 received Royal Assent on 27 October 2025, and with it came a raft of changes that will reshape how you manage your properties, respond to tenant complaints, and deal with issues like damp and mould. This is not a minor tweak to existing rules. This is the biggest shake up to the private rented sector since the late 1980s.
You have probably heard about the abolition of Section 21. That is grabbing most of the headlines. But there is another set of changes quietly making its way through the system that could have an even bigger day to day impact: the extension of the Decent Homes Standard and Awaab's Law to private rentals. If you are not already thinking about how you will handle damp and mould complaints, now is the time to start.
KEY DATES AT A GLANCE
1
27 Oct 2025
Renters' Rights Act receives Royal Assent. Awaab's Law extended to social landlords immediately.
2
27 Dec 2025
New local authority investigatory powers come into effect. Councils can enter properties with 24 hours notice and demand documents.
3
1 May 2026
Section 21 abolished. Core tenancy reforms and expanded civil penalty powers take effect.
4
2028
All private landlords must join the new Private Rented Sector Ombudsman scheme.
5
2035 / 2037
Full Decent Homes Standard enforcement proposed for the private rented sector.
Why Should You Care About This Now?
You might be thinking that the Decent Homes Standard will not come into force until 2035 or 2037, so why worry about it today? Here is the reality: the enforcement framework is being built right now. Local authority investigatory powers came into effect on 27 December 2025. The core tenancy reforms kick in on 1 May 2026. And while the full Decent Homes Standard is years away, Awaab's Law will be extended to private rentals much sooner, with a consultation expected shortly.
The message from the Government is clear. They want landlords to start improving properties now, not wait until the last minute.
What is Awaab's Law and Why Does It Matter?
You may have heard the name Awaab Ishak. He was a two year old boy who died in December 2020 after prolonged exposure to black mould in a social housing flat in Rochdale. Despite repeated complaints from his family, the landlord failed to act. His death was entirely preventable.
In response, the Government introduced Awaab's Law. From 27 October 2025, social landlords are legally required to investigate and act on reports of damp and mould within strict timeframes. The Renters' Rights Act 2025 extends these requirements to the private rented sector. The exact private sector timeframes have not yet been confirmed, but they are expected to broadly mirror social housing requirements.
Awaabs Law: Social Housing Timeframes (Private Sector Expected to Mirror)
1
10 working days
Landlord must investigate following a tenant report of damp or mould.
2
5 working days
Safety works must be completed once a significant hazard is identified.
3
24 hours
Action required where an emergency hazard poses an imminent risk to health.
4
3 working days
Written summary of investigation findings must be provided to the tenant.
The End of Blaming Tenants for Damp and Mould
For years, some landlords have responded to mould complaints by suggesting it is the tenant's fault. Too much drying of clothes indoors. Not opening windows enough.
The Government has made it clear that this approach is no longer acceptable. The guidance for social landlords explicitly states that it is unacceptable to assume damp and mould are caused by a tenant's lifestyle. Landlords must investigate and take action regardless of what they believe the cause to be.
While the private sector guidance has not yet been published, the direction of travel is obvious. If you receive a complaint about mould, you need to investigate. You cannot simply write back and tell the tenant to open windows more often.
The Decent Homes Standard is Being Extended
Until now, the Decent Homes Standard has only applied to social housing. It sets minimum standards covering freedom from serious hazards, reasonable state of repair, modern facilities, and adequate heating. Private landlords have not been subject to this, though they have been required to ensure properties are fit for human habitation and free from Category 1 hazards.
The Renters' Rights Act changes that. For the first time, the Decent Homes Standard will apply to private rentals. The Government consulted on details between July and September 2025.
The reformed standard will include a new fifth criterion specifically addressing damp and mould. Under the proposed rules, a property will fail the Standard if an assessment finds any meaningful damp or mould hazard, even if it has not reached Category 1 level. Only the very mildest signs of mould would be outside scope.
Note on timing:
Full enforcement is proposed for 2035 or 2037. However, the Government consultation makes clear that landlords are expected to start addressing issues well before that date.
What Enforcement Powers Do Local Authorities Have?
From 27 December 2025, local authorities have new investigatory powers. Councils can now enter and inspect properties with 24 hours notice, demand documents from landlords and agents, and access third party data from sources like the Department for Work and Pensions and tenancy deposit schemes.
From 1 May 2026, civil penalties for housing offences will be expanded.
Up to £7,000
Civil penalty for a first breach of housing offences
Up to £40,000
Civil penalty for serious or repeat breaches
Unlimited
Criminal prosecution fine in the most severe cases
24 months rent
Maximum rent repayment order via First-tier Tribunal (doubled from 12 months)
The time limit for rent repayment order applications has also increased from 12 to 24 months after the offence, meaning landlords can face claims for a longer period retrospectively.
Alternative Accommodation Requirements
One requirement that catches landlords off guard is the obligation to provide alternative accommodation. If safety works cannot be completed within required timeframes, the landlord must arrange suitable alternative accommodation at their own expense until the property is safe.
For social landlords, this is already in force. For private landlords, it will apply once Awaab's Law extends to the sector. If you have a serious mould problem and cannot complete repairs within 5 working days, you could face significant costs for temporary accommodation.
Section 21 is Going
From 1 May 2026, Section 21 no fault evictions will be abolished. Under the current system, some tenants are reluctant to complain about damp and mould because they fear retaliatory eviction.
With Section 21 gone, tenants will feel more confident reporting issues. This makes a proactive approach to repairs more important than ever. Waiting for problems to escalate is a losing strategy.
The Private Rented Sector Ombudsman
From 2028, all private landlords must join a new Private Rented Sector Ombudsman scheme. This provides tenants with a free, independent route to resolve complaints. The Ombudsman will have powers to compel landlords to apologise, take remedial action, and pay compensation.
A pattern of unresolved complaints could affect your reputation and ability to operate as a landlord.
What Should You Be Doing Now?
Landlord Action Checklist:
Review your properties
Conduct an honest assessment of each property. Are there signs of damp or mould? Ventilation issues? Deferred maintenance that could become hazardous?
Get your paperwork in order
Local authorities can now demand documents and records. Keep clear records of inspections, maintenance, and tenant communications.
Respond quickly to complaints
Do not dismiss tenant reports of damp or mould. Investigate promptly, communicate clearly, and take action. Acting in the spirit of Awaab's Law now will protect you.
Build relationships with reliable contractors
When Awaab's Law applies, you may need to complete safety works within 5 working days. Having trusted tradespeople ready will make compliance easier.
Budget for repairs and improvements
The Decent Homes Standard is coming. If your properties need significant work, start planning and saving now.
Consider your options
The regulatory burden is increasing significantly. If you own older properties requiring substantial investment, you need to make a commercial decision about whether that investment is worthwhile.
The Bigger Picture
The Government's aim is to create a fairer, safer private rented sector. For landlords already providing decent homes, the new rules should not require dramatic changes. But for landlords who have been cutting corners or ignoring complaints, the next few years will be uncomfortable.
The extension of Awaab's Law and the Decent Homes Standard is part of a broader shift. Tenants are being given more rights, enforcement is being strengthened, and landlords are being held to higher standards. You can either get ahead of that curve or be dragged along behind it.
The choice is yours. But if you are still operating your rental business the way you did five years ago, it is time for a rethink.
AS
Anjila Shrestha
Anjila is a tax and legal professional specialising in UK Inheritance Tax, trusts and estate planning. She has a strong background in economic policy research and holds leadership roles in various initiatives.
