Social housing landlords cannot blame tenants for damp and mould and should offer alternative accommodation

Social housing landlords must not blame tenants’ lifestyles for damp and mould problems, and private rented homes could be used as alternative accommodation if they fail to fix hazards under Awaab’s law.

The government has published guidance for social housing landlords ahead of the law coming into effect on Monday, 27 October, where social housing landlords will have to fix all emergency hazards and damp and mould within strict timeframes.

The government says it is unacceptable for social housing landlords to blame tenants for these issues and has also published scenarios to help social housing landlords identify emergency hazards.

Alternative accommodation includes private rented homes

Under Awaab’s Law, social housing landlords will need to investigate any potential significant hazards within 10 working days of becoming aware of them.

All emergency hazards, including serious damp and mould, must be investigated and the work carried out within 24 hours of the landlord becoming aware of the hazard. Relevant safety work must be undertaken as soon as reasonably practicable.

The government guidance says: “If the social landlord is unable to complete the relevant safety work within the initial remediation period (five working days from the completion of the investigation for a significant hazard, or 24 hours for an emergency hazard), they must provide suitable alternative accommodation at their expense until the work has been completed.”

The government lists that provision of alternative accommodation could include vacant social housing stock, private rented homes, short-term lets, or, where more suitable accommodation is not available, hotel and B&B-type accommodation.

Don’t blame tenants for damp and mould problems

Social housing landlords are also told not to blame tenants for damp and mould problems.

The government guidance says: “It is unacceptable for social landlords to assume that the cause of a hazard, such as damp and mould, is due to the tenant’s ‘lifestyle’. Social landlords should not make assumptions and fail to take action or to investigate a damp and mould hazard on the basis of, for example, condensation they attribute to the tenant’s ‘lifestyle’.

“It is unavoidable that everyday tasks, such as cooking, bathing, washing and drying laundry will contribute to the production of indoor moisture. These activities are unlikely to constitute a breach of contract on the part of the tenant and, therefore, should not be a reason not to take action through Awaab’s Law.”

Treat widespread damp and mould as an emergency

In an example, of an emergency hazard, the government guidance says social housing landlords must treat widespread damp and mould as an emergency hazard, particularly when it affects vulnerable tenants, such as pregnant tenants or children with asthma.

The guidance says social housing landlords should arrange for contractors to investigate the property in 24 hours, as mould in bedrooms or living spaces poses an immediate health risk.

The government guidance also lists examples of how social housing landlords can make a property safe if damp and mould is present and follow up with preventative work.

In another scenario, the guidance says a tenant reported damp and mould in a top-floor, one-bedroom flat, worsened after winter rainfall and displaced roof tiles. The social housing landlord identified this as a potential significant hazard and scheduled an investigation within 10 working days, which found the roof damage was exacerbating the issue and required scaffolding to fix.

The social housing landlord must address the immediate hazard, such as undertaking a mould wash, within five working days and begin work to repair the roof to prevent recurrence.

If scaffolders are not immediately available, the landlord should take steps to secure contractors as soon as reasonably practicable, completing the repair within 12 weeks of the investigation.

Guidance on what to do if the contractor cannot gain entry

The guidance also says that if a contractor is unable to gain entry due to the tenant being at work or having childcare responsibilities, the social housing landlord must arrange a follow-up appointment at a convenient time for the tenant.

The guidance says this could involve contacting the tenant by phone, text, or email to confirm the appointment and offering a selection of time slots, including evenings or weekends where possible.

If the contractor cannot gain access, they could leave a clear note at the property with contact details and instructions to reschedule. For vulnerable tenants, the guidance says it could also be appropriate to liaise with a support worker or, family member to help coordinate access.

Awaab’s law set to be extended to PRS

Awaab’s Law is set to be extended to the private rented sector, although the government has not yet confirmed when this will take effect.

From next year, the regulations for social housing landlords will cover hazards that present a significant risk of harm, including excess cold and heat, falls associated with baths, level surfaces, stairs and between levels, structural collapse, explosions, and fire and electrical hazards.

In 2027, the government plans to extend the regulations to cover all remaining Housing Health and Safety Rating System (HHSRS) hazards, apart from overcrowding, where they pose a significant risk of harm.

The full government guidance for social housing landlords can be viewed by clicking here.