Awaab’s Law: The practical implications for landlords
We recently wrote about Awaab’s Law, which has introduced strict, fixed timeframes for addressing all emergency hazards and all damp and mould hazards that pose a significant risk of harm to tenants.
For now, it applies only to social landlords in England, but it will soon extend into the private rented sector through the Renters’ Rights Act – likely with identical or very similar expectations. It wouldn’t surprise me at all if we see it in Wales in the near future.
With these timeframes clearly set out in legislation and visible to all, tenants will be more empowered to take action if they feel repairs aren’t being dealt with quickly enough. Landlords will therefore need to ensure they can both:
a) respond to hazards within the required time limits, and
b) evidence their compliance if a tenant raises a claim.
Reading through the UK Government’s guidance for social landlords – which we expect will form the basis of requirements for private landlords – has really highlighted what steps landlords can take now to get ahead of the changes…
A contract that’s clear when a breach has taken place
Damage that is a result of breach of contract by the tenant doesn’t fall in scope of the Awaab’s Law repair requirements. That’s sensible, but if the contract doesn’t go into detail about what circumstances constitute a breach, a landlord will struggle to claim Awaab’s Law doesn’t apply to them in this instance. I’d be especially concerned if I (or my agent) was using Welsh Government’s model written statement of occupation contract. We’ve been vocal in our feelings that it doesn’t do enough to protect landlords. Amongst other things, it contains no deterrent for late rent payments, it empowers tenants with its “unfit property” term, and – particularly relevant to Awaab’s Law – “tenant-like manner” duties aren’t included. So, unless the contracts states tenants must change light bulbs when they blow or tighten a screw when it comes loose, a landlord can’t claim that a failure to do those things is a breach of contract. “Those breaches wouldn’t be cited by a landlord under Awaab’s Law anyway”, I hear you cry. I agree, but I thought I’d use them to help set the scene for my next point…
Don’t assume mould is due to tenant lifestyle – prove it
The guidance says: “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.”
For me, these are the most powerful few lines in the guidance. It’s a tale as old as time: tenants think the landlord is responsible, landlords think the tenants are responsible. Now, there’s a clear direction issued to landlords: do not assume.
Landlords are, in reality, going to have no option but to inspect every single report of damp and mould. I can’t see any way around that. The days of assuming “condensation from lifestyle” and batting it back to the tenant are gone – the guidance makes that crystal clear. So, inspections need to be thorough, consistent and properly documented.
When you attend, don’t just glance at the affected area. Observe, note and evidence anything relevant. Are the “tools” you’ve provided to help reduce condensation actually working (as in, operationally) – and being used? If there’s a window trickle vent, is it open or closed? If there’s a tumble dryer, is it operational and does it get used? Is the extractor fan powered on, or has it been switched off at the isolator? Do the windows open and close without issue? All these details matter. And then consider the environmental conditions: What’s the outdoor temperature? What’s the indoor temperature? Was the heating on in the room? Were clothes drying indoors – and if so, were any windows open? A ‘condensation inspection template’ that prompts all these checks/considerations wouldn’t be a bad idea.
Some properties will require even more thought. Sometimes it’s not the tenant or the tools – it’s the design. Is the radiator output sufficient for the size of the room? Is it even on the right wall? External walls – especially around bay windows – are often the coldest surfaces in a house, so positioning a radiator on (or close to) that wall can make a meaningful difference. These are the sorts of practical, “outside the box” considerations that landlords are now going to need to factor in.
After your inspection, always report your findings to the tenant in writing. If you’ve identified work that needs doing, instruct your contractor promptly and keep a record of everything: the instruction, the invoice, and photographs of the completed work. Should the case ever end up in front of a judge, that paper trail may be the difference between compliance and a breach. Remember, it’s you – not your agent – who will face the consequences if their procedures or documentation are inadequate.
If, on the other hand, your evidence shows that the tenant is not doing enough to minimise condensation, share those findings in writing as well. But – circling back to the earlier point about breaches of contract – this only becomes meaningful if your contract actually sets out what the tenant is expected to do. You probably won’t be able to escape your duty to remedy such hazards under Awaab’s Law unless you can point to a clear, contractual breach. So, it’s worth ensuring your contracts include sensible, detailed expectations around using the tools provided (extractor fans, trickle vents, heating, ventilation, etc) and taking reasonable steps in line with recognised guidance. You’re obviously not going to tell a tenant they can’t cook or shower, but expecting them to use the property responsibly and to engage with the measures you’ve put in place is entirely reasonable – and, under Awaab’s Law, increasingly necessary.
Education
I’ve mentioned providing tenants with educational guidance post-inspection above. That’s great, but why wait for the reports to come in? From day one, it would be sensible to provide clear, practical guidance explaining what causes condensation, how easily it can build up, and how it turns into mould if left unmanaged. Many tenants simply don’t understand the relationship between moisture, temperature and ventilation – so give them straightforward, jargon-free advice that helps them take day-to-day preventative action. And again, retain a written record of that guidance being issued. You could even reference the guidance in the contract, which might help prove a breach.
This isn’t about shifting responsibility onto the tenant; it’s about equipping them. A tenant who understands what’s happening in their home is far more likely to report issues early, use the tools you’ve provided correctly and work with you rather than against you. From a compliance perspective, it also helps to demonstrate that you’ve taken proactive steps – not just reactive ones – which may prove valuable if you ever have to justify your actions under Awaab’s Law.
Tenant agreement to receive correspondence via e-mail
The legislation requires tenants to be provided with a written summary of investigation findings, to be kept updated throughout the process, and to be provided with information on how to be kept safe. If you’re a landlord who prefers to pick up the phone, that won’t be enough anymore – communication must be documented. In Wales, serving any formal notice by e-mail (such as a possession notice or rent increase notice) requires the tenant’s written agreement. We therefore include a clear clause in our contracts confirming that notices, documents and all written correspondence may be sent by e-mail, and that tenants must keep their contact details up to date. Adopting a similar clause will help ensure every communication required under Awaab’s Law can be issued quickly and compliantly, with no ambiguity later on.
Understand who your tenant is
Lastly, landlords will need to make a conscious effort to understand the circumstances of the household they’re dealing with. The guidance makes it clear that hazards must be assessed in light of any vulnerabilities – age, health conditions, disability, mobility needs or anything else that could increase the risk posed by damp, mould or other emergency hazards.
This doesn’t mean interrogating tenants, but it does mean creating space for simple, respectful questions and keeping clear written records of whatever information the tenant chooses to share. The “relevant knowledge” test in Awaab’s Law hinges on what a landlord knew or reasonably ought to have known about the occupier when deciding whether a hazard was significant or emergency level. So, you can’t treat every household the same.
Understanding who lives in the property helps you categorise hazards properly, respond within the required timeframes and demonstrate that you’ve acted as a reasonable landlord. It’s a small step that can make a meaningful difference – both in legal compliance and in keeping your tenants safe.
At CPS Homes, we’re already preparing for what’s coming. We’re tracking how Awaab’s Law is implemented in England’s private rented sector, so if similar legislation arrives in Wales, our landlords are ahead of the curve. We’ll keep you fully informed of developments and ensure your properties, paperwork and processes are ready long before any deadline hits. If you’d like that level of confidence and compliance on your side, we’d love to help. Find out more about our landlord services today.
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
