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Landlord guide · England

Awaab's Law and private landlords: what applies now, and what is coming

Not yet. Awaab's Law (Landlord and Tenant Act 1985 s.10A) binds registered providers of social housing. Section 60 of the Renters' Rights Act 2025 will extend it to private tenancies in England, but on 15 October 2026 it was not in force and needs regulations; a government consultation on the timescales runs to 18 December 2026.

Updated 15 October 2026 · Figures checked against legislation.gov.uk and GOV.UK on 15 October 2026 · Statutory penalties are maximums; councils and courts decide the amount.

Does Awaab's Law apply to private landlords today?

No, not as at 15 October 2026. Awaab's Law is section 10A of the Landlord and Tenant Act 1985, inserted by the Social Housing (Regulation) Act 2023 on 20 September 2023. In its current form it applies only to a "relevant social housing lease", meaning the landlord is a registered provider of social housing. The duties themselves sit in the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (SI 2025/1042), which came into force on 27 October 2025 and, by regulation 1, "apply to lessors of social homes in England".

The Renters' Rights Act 2025, section 60, rewrites s.10A so that it applies to any lease of a dwelling-house in England for a term of less than seven years, which would bring ordinary private tenancies in. On 15 October 2026 legislation.gov.uk marked that section "prospective", with the note "S. 60 not in force at Royal Assent, see s. 145(1)", and the s.10A page carried the banner "There are changes that may be brought into force at a future date". Under s.145 the section commences only when the Secretary of State makes regulations, and no commencement regulations for it were found.

This guide covers England only. It describes the law; it is not advice on a particular tenancy.

When will Awaab's Law reach the private rented sector?

The government's Guide to the Renters' Rights Act (6 November 2025) says the Act "will now extend Awaab's Law to privately rented homes", that the requirements will be implied into private tenancy agreements and enforceable by tenants as a breach of contract, and that the timescales will be set in regulations after consultation.

That consultation, Extending Awaab's Law to private rented tenancies and to licences, was published on 9 October 2026 and closes at 11.59pm on 18 December 2026. It states plainly that "Implementation of these provisions in the Renters' Rights Act will require regulations to be made", and it gives no commencement date. It uses the social-sector requirements as the starting point and asks whether each element should be kept or changed for private landlords, including whether a duty to provide alternative accommodation is workable for small portfolios. So the honest position is: the extension is in the Act, the detail is being consulted on, and nothing binds a private landlord under s.10A yet.

What does apply to private landlords now?

Damp, mould and other hazards in a private rented home are already covered by four regimes. None of them has an Awaab's Law clock, but each has teeth.

RegimeWhat it requiresDoes the tenant have to tell you?Consequence
LTA 1985 s.11 repairsKeep the structure and exterior (including drains, gutters and external pipes) and the installations for water, gas, electricity, sanitation, space heating and hot water in repair and working orderYes: the duty bites once you have notice of the defectTenant claim for damages and an order to do the works; a duty of care to visitors under the Defective Premises Act 1972 s.4
LTA 1985 s.9A fitness for human habitationThe home must be fit when let and stay fit throughout the tenancy; damp and mould are classic unfitnessNo notice is needed, and you cannot contract out (s.9A(4))Damages with no statutory cap and specific performance (s.9A(5))
Housing Act 2004 Part 1 (HHSRS)The council assesses hazards; where a category 1 hazard exists it must take enforcement action (improvement notice, prohibition order, hazard awareness notice, emergency remedial action)Not relevant: the council acts on its own inspectionFailing to comply with an improvement notice is an offence (s.30); the council may instead impose a civil penalty of up to £40,000 (s.249A, figure in force from 1 May 2026)
Pre-Action Protocol for Housing Conditions ClaimsA landlord should normally reply to a letter of claim within 20 working days of receipt, enclosing the records the tenant asked for (para 6.2)The letter of claim is the noticeA procedural target, not a strike-out; silence weighs against you on costs and credibility

The Protocol runs from receipt. For a posted letter, a cautious working assumption, borrowing the court rule for documents in proceedings (CPR 6.26), is receipt on the second business day after posting; the 20 working days exclude weekends and bank holidays. The GOV.UK HHSRS landlord and agent guide (published 23 June 2026) sets out how councils score hazards.

What are the social-sector Awaab's Law timescales?

These are the duties on social landlords under SI 2025/1042 today, and the baseline the consultation proposes for private landlords. The regulation numbers are from the instrument; the figures were checked against the GOV.UK Awaab's Law collection on 15 October 2026.

StepSocial-sector requirementRegulation
Emergency hazardInvestigate and complete the relevant safety work as soon as reasonably practicable and within 24 hours of becoming awarereg 5
Potential significant hazardComplete an investigation within 10 working days of becoming awarereg 6
Written summaryGive the tenant a written summary of findings within 3 working days of concluding the investigationreg 9
Make safeWhere a significant hazard is found, complete the relevant safety work within 5 working daysreg 11
Preventative workBegin within 5 working days, or where that is not possible take steps to begin as soon as reasonably practicable and within 12 weeksreg 13

Phase 1 (from 27 October 2025) covers significant damp and mould hazards and all emergency hazards. Phase 2 widens the hazards covered from 30 November 2026, subject to Parliament approving the draft amending regulations laid on 13 July 2026. A third phase is to extend to the remaining HHSRS hazards, other than overcrowding, with no date announced.

For private landlords the consultation proposes the same 24 hours, 10, 3 and 5 working days and 12 weeks as its starting point, while testing alternatives (for example 5 or 15 working days to investigate). Treat these as the likely shape of what is coming, not as a rule in force.

What should a private landlord do now?

Many landlords are already working to the social-sector clocks, because the duties that bind private landlords today (s.9A in particular) reward the same habits.

Where ComplyWithMe fits

ComplyWithMe Landlord records each repair report with dated photographs and the reply you sent, computes the Protocol reply target from deemed receipt, and keeps the certificates and inspection notes that a council or court will ask for in one organised evidence pack. The app tracks the compliance items that bar possession and maps the Section 8 journey; the pack is handed to BundleCreator.co only when the Protection Score is clear. Start with the free exposure check or the Renters' Rights readiness check.

Recent and coming changes

Government changes that bear on this duty. Where the status says in force the rule already applies; everything else is not yet law for private landlords. Dates are quoted as the government has published them, checked on 15 October 2026.

ChangeStatus todayPublished timingSensible preparation
Awaab's Law extended to private rented tenancies: fixed timescales to investigate and make safe serious hazards such as damp and mouldconsultation openConsultation published 9 October 2026, closes 18 December 2026; the government's impact assessment models phased implementation in 2028, 2029 and 2030. Not in force for private landlords.Log every repair report with the date received and the date fixed, and keep dated photographs; the social-sector rules already turn on those dates. Source
A Decent Homes Standard applied to the private rented sector for the first time, enforced by councilsconsultation closed, response awaitedConsulted 2 July to 12 September 2025 with a proposed start in 2035 or 2037; the roadmap lists implementation as "TBC, subject to consultation"Nothing is required yet; the government's stated expectation is that landlords start works earlier where feasible. Source

Questions people ask

Does Awaab's Law apply to private landlords?

Not yet. Landlord and Tenant Act 1985 s.10A currently applies only to relevant social housing leases, where the landlord is a registered provider of social housing. Section 60 of the Renters' Rights Act 2025 will extend it to private tenancies in England but was not in force on 15 October 2026.

When does Awaab's Law come into force for the private rented sector?

No date has been set. The government consultation on extending it to private tenancies was published on 9 October 2026 and closes on 18 December 2026; it says implementation will require regulations to be made. Commencement of section 60 is by regulations under s.145 of the Act.

What are the Awaab's Law timescales?

For social landlords in England: emergency hazards investigated and made safe within 24 hours; significant hazards investigated within 10 working days; a written summary within 3 working days; safety work within 5 working days; preventative work started within 5 working days or, if not possible, within 12 weeks. The consultation proposes these as the starting point for private landlords.

What is Awaab's Law?

It is section 10A of the Landlord and Tenant Act 1985, inserted by the Social Housing (Regulation) Act 2023 and named after Awaab Ishak. It implies a covenant into social housing leases that the landlord will comply with prescribed requirements to investigate and fix hazards within set periods, with a defence where the landlord used all reasonable endeavours.

Can a private tenant sue for damp and mould now?

Yes. Under Landlord and Tenant Act 1985 s.9A the home must be fit for human habitation throughout the tenancy; the tenant need not have given notice, the duty cannot be excluded, and the court can award damages and order the works. Disrepair to the structure or installations is also actionable under s.11 once the landlord has notice.

What can the council do about damp and mould in a private rental?

Under Housing Act 2004 Part 1 the council assesses the hazard using the HHSRS. If it finds a category 1 hazard it must take enforcement action, usually an improvement notice. Failing to comply with the notice is an offence, and the council may instead impose a civil penalty of up to £40,000.

How long does a private landlord have to reply to a disrepair letter of claim?

The Pre-Action Protocol for Housing Conditions Claims (England) says the landlord should normally reply within 20 working days of receiving the letter of claim, enclosing the records requested. For a posted letter a cautious working assumption, borrowed from the court rule for documents in proceedings (CPR 6.26), is receipt on the second business day after posting.

Where this comes from

Take it further on BundleCreator

When a compliance question becomes a court or tribunal matter, BundleCreator.co, from the same company, turns the records into a court-ready bundle. From the letter of claim to the hearing, with the evidence each stage needs. Start with the housing disrepair journey.

In ComplyWithMe

Record repairs with dated photos

ComplyWithMe Landlord logs every repair report with dated photographs, computes the Protocol reply target, and keeps the records a council or court will ask for in one evidence pack.

Record repairs with dated photos

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ComplyWithMe provides technology tools and general information to help you keep track of your obligations. This guide describes the law in England as published on legislation.gov.uk and GOV.UK on the date shown; it is not legal advice and does not cover your individual circumstances. Figures given as "up to" are the highest the law allows.

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