Tenants will be able to challenge landlords over Awaab’s law and could win compensation

The government has warned that all landlords will need to meet Awaab’s Law requirements, as tenants will be able to challenge landlords in court over breaches.

Under the Renters’ Rights Act, Awaab’s Law will be extended to the private rented sector (PRS), where landlords will have to fix damp and mould within strict timeframes.

Awaab’s Law has already taken effect for social housing landlords, but the government says it understands the differences between social housing and the PRS and will apply the law in a way that is “fair, proportionate and effective” for landlords and tenants.

The government has not yet confirmed a date for implementation, but Awaab’s Law is expected to come into force during phase three of the Act, in 2027.

If landlords fail to comply, tenants will be able to challenge them

According to the Renters’ Rights Act guidance, landlords will need to meet strict timeframes to deal with damp and mould.

The government guidance says tenants will be able to challenge landlords for breaches and even gain compensation.

The guidance says: “In line with the approach taken for social housing, Awaab’s Law will imply terms into private rented sector tenancy agreements. This means all private landlords will have to meet Awaab’s Law requirements, for example, on timescales for dealing with hazards such as damp and mould, when these are set out in regulations.

“If landlords fail to comply, tenants will be able to challenge them through the court for breach of contract. If the court finds the landlord in breach, they will be able to order the landlord to take appropriate action and/or pay compensation.

“Seeking redress through the courts is not the only way that residents can challenge their landlords for breaches of Awaab’s Law. Tenants may wish to complain to their landlord and, if they are not satisfied with the response, this could then be escalated to the new Private Rented Sector Landlord Ombudsman.”

We recognise that there are differences between the private and social rented sectors

Whilst the government has not yet set out what these timeframes will be for the PRS, for social housing all emergency hazards need to be fixed within 24 hours and any potential significant hazards must be investigated within 10 working days of becoming aware of them.

Under Awaab’s law, social housing landlords must cover the cost of alternative accommodation for tenants if the property cannot be made safe within a specific timeframe.

The government claim they understand there’s a difference between the PRS and social housing sector and will work with private landlords and tenants.

The government guidance says: “Everyone deserves a home that is safe, decent and secure, so it is only right that Awaab’s Law protections should be in place for renters regardless of whether their homes are privately or socially rented.

“We recognise that there are differences between the private and social rented sectors. We will carefully consider how best to apply Awaab’s Law to the private rented sector in a way that is fair, proportionate and effective for both tenants and landlords, and will consult on this. We will set out further detail on our plans in due course.”