The 30-second version
- Damp and mould is already a legal duty: the home must be fit to live in throughout the tenancy, and councils can act on serious hazards with penalties of up to £40,000.
- Awaab's Law, which sets strict deadlines to investigate and fix hazards, is proposed for private rentals. The consultation closes on 18 December 2026; no start date is set.
- Government guidance is clear: don't blame tenants' "lifestyle", fix the cause, and go back to check the work.
- The cheapest winter protection is basic: boiler serviced, gutters cleared, fans and vents working, pipes lagged, and empty homes kept at 10°C or drained down.
What the law already requires
- Fit for human habitation. Under the Homes (Fitness for Human Habitation) Act 2018, the home must be fit at the start of the tenancy and throughout it. Serious damp and poor ventilation are listed problems, and tenants can take landlords to court.
- Repairs. Section 11 of the Landlord and Tenant Act 1985 makes you responsible for the structure and exterior, including gutters, drains and external pipes, and for keeping heating and hot water in working order.
- Hazards. Councils assess homes under the Housing Health and Safety Rating System, revised on 23 June 2026. Damp and mould and excess cold remain key hazards. Excess cold alone accounts for around a quarter of serious hazards in private rentals.
- Penalties. Councils can issue civil penalties of up to £7,000, or up to £40,000 for serious or repeat breaches, as an alternative to prosecution.
What's coming: Awaab's Law and decent homes
Awaab's Law has applied to social landlords since 27 October 2025. The government is now consulting on extending it to private rentals, covering almost every hazard. The default proposal mirrors social housing: investigate a significant hazard within 10 working days, make it safe within 5 working days, and deal with emergencies within 24 hours. These are proposals, not law, and the earliest likely start is 2027. Separately, the Decent Homes Standard will apply to private rented homes by 2035, including being free from damp and mould and having heating that can warm every room.
Handling a damp or mould report properly
The government's guidance for landlords, updated in April 2026, sets out what good practice looks like:
- Act quickly and treat every report seriously. Medical evidence isn't needed before you act.
- Don't put it down to lifestyle. The guidance calls blaming tenants' lifestyle choices unreasonable.
- Photograph the mould before it's treated, and keep the tenant informed.
- Fix the cause, such as leaks, blocked gutters, failed seals, poor ventilation or inadequate heating. Wiping mould away only stops it for a while.
- Go back after at least six weeks to check the problem hasn't returned, and keep records throughout.
The winter checklist
| Check | Why it matters |
|---|---|
| Annual gas safety check in date; boiler serviced | Legal duty, and the best defence against a mid-winter breakdown |
| Smoke alarm on every storey; CO alarm by any fixed combustion appliance | Required since October 2022; fines of up to £5,000 |
| Gutters, downpipes and drains cleared | Overflowing gutters are a classic cause of penetrating damp |
| Extractor fans and trickle vents working | Condensation is the most common cause of mould |
| Exposed pipes and loft tanks lagged; tenant knows where the stopcock is | Burst pipes cause some of the costliest winter claims |
| Empty homes heated to at least 10°C, or water drained down | Insurers' standard advice; check your policy's unoccupancy terms |
| Tenant shown how to clear a frozen condensate pipe | A common cause of cold-weather boiler lockouts |
Tenants have a part to play too: using the home in a "tenant-like" way, ventilating, and reporting problems promptly.
Key dates
18 Dec 2026
Consultation on extending Awaab's Law to private rentals closes.
Consultation2027 at the earliest
Awaab's Law could start for private rentals, probably in phases.
Proposed1 Oct 2030
All private tenancies must reach EPC C (regulations expected in 2027).
Expected2035
Decent Homes Standard applies to private rented homes.
ConfirmedWhat to do now
- Book boiler services and any gas safety checks due before December, when engineers are busiest.
- Clear gutters and check the roofline once the leaves have fallen.
- Test fans, vents and alarms at your next inspection, and replace anything faulty.
- Set up a written process for damp reports: acknowledge, inspect, fix the cause, revisit after six weeks, record everything.
- Brief tenants on ventilation, the stopcock and the condensate pipe, in writing.
How Morgan Prescott handles this
On properties Morgan Prescott manages, the annual gas safety certificate is included, inspections are scheduled, and repair reports are logged, chased and recorded through to completion, which is exactly the paper trail councils and courts look for.
See how we manage compliance →Questions landlords ask
Do private landlords have to follow Awaab's Law?
Not yet. Awaab's Law applies to social housing now. The government is consulting on extending it to private rentals until 18 December 2026, and hasn't set a start date.
Who is responsible for damp and mould in a rented home?
The landlord must keep the structure, exterior, heating and hot water in repair and the home fit to live in. Tenants must use the home sensibly, ventilate and report problems. Government guidance warns landlords not to blame mould on tenants' lifestyle.
What temperature should an empty rental be kept at in winter?
Insurers commonly advise keeping heating on at around 10°C, or draining down the water system. Check your own policy's rules for unoccupied properties.
Is a boiler service a legal requirement for landlords?
The legal requirement is an annual gas safety check by a Gas Safe engineer and keeping appliances safe. An annual service isn't strictly required, but it's the best way to avoid winter breakdowns.
Sources, checked 23 October 2026
- GOV.UK: Damp and mould, understanding and addressing the health risks
- GOV.UK: Extending Awaab's Law to private rented tenancies (consultation)
- GOV.UK: Homes (Fitness for Human Habitation) Act 2018, guide for landlords
- legislation.gov.uk: Landlord and Tenant Act 1985, section 11
- NRLA: What the 2026 HHSRS reforms mean for landlords
- GOV.UK: Guide to the Renters' Rights Act
- HSE: Gas safety, landlords
- GOV.UK: Smoke and carbon monoxide alarms, landlord booklet
- Zurich: Burst pipe claims and winter heating advice
General information, not legal advice. Rules and figures change, so check GOV.UK or a qualified adviser before acting.