What the Regulations require for damp and mould today, how GOV.UK says to triage it, and what the Housing Ombudsman and the coroner have said.
8 minute readLast reviewed 18 October 2026Zaviira editorial review. Not a legal review.
Damp and mould is the hazard that Awaab’s Law covered first. Since 27 October 2025, social landlords in England have had to meet its timescales for significant damp and mould hazards, and for emergency hazards of any type except crowding and space (regulation 3 (opens in a new tab), regulation 21 (opens in a new tab)).
What the Regulations require
The duties below apply to damp and mould today. Each one cites the regulation it comes from.
Emergency action: investigate and complete relevant safety work
In force
As soon as reasonably practicable, and before the end of 24 hours (the emergency action period).
Applies to: Emergency hazards, of any type except crowding and space.
Clock starts: Condition 1: the landlord becomes aware of an issue of concern and has reasonable grounds to believe there is an emergency hazard, and no relevant investigation has concluded. The 24 hours begin when Condition 1 begins to apply. Condition 2: a relevant investigation concludes there is an emergency hazard and identifies relevant safety work. The 24 hours begin when that investigation is completed.
Extensions and exceptions: The requirement to complete safety work ends if consent from another person is needed and all reasonable endeavours to obtain it are exhausted, or a later associated investigation concludes there is no hazard or no safety work. If the landlord complies with Part 6 (rehousing), regulation 5(4) is read without the words about the end of the emergency action period.
Complete when: An emergency investigation by a competent investigator is completed, and where it finds an emergency hazard and relevant safety work, that work is completed.
legislation.gov.uk, SI 2025/1042, regulation 5. Source
England · In force 27 October 2025 · Last checked 17 October 2026
Standard investigation
In force
Before the end of 10 working days beginning on the day after the landlord becomes aware of the issue of concern. If the tenant asks for a physical inspection before the investigation is completed, 10 working days beginning on the day after that request.
Applies to: Potential significant hazards where Condition 1 in regulation 5 does not apply.
Clock starts: The landlord becomes aware of an issue of concern.
Extensions and exceptions: The extended investigation period applies where the tenant requests a physical inspection.
Complete when: A competent investigator completes an investigation that determines whether the home is affected by a significant or emergency hazard, determines what work is required where possible, takes account of information from the tenant or a third party, and includes a physical inspection if the tenant asked for one.
legislation.gov.uk, SI 2025/1042, regulation 6. Source
England · In force 27 October 2025 · Last checked 17 October 2026
Written summary following investigation
In force
Before the end of 3 working days beginning on the day after the day the relevant investigation is completed.
Applies to: After any relevant investigation, unless it identified required work and that work is completed within the 3 working days.
Clock starts: A relevant investigation is completed.
Extensions and exceptions: None stated. GOV.UK says the 3 working days is for the summary to be given by the landlord, not received by the tenant.
Complete when: A document is given to the tenant setting out whether a significant or emergency hazard was identified and what it is, any further action required with a target timescale for beginning and completing it, or that no further action is required and why, and how the tenant can contact the landlord. It can be given in person, left at the home, posted first class or sent electronically to an address the tenant provided.
legislation.gov.uk, SI 2025/1042, regulations 9 and 10. Source
England · In force 27 October 2025 · Last checked 17 October 2026
Make safe: significant hazards
In force
Within 5 working days beginning on the day after the relevant investigation is completed, or, where the landlord complies with Part 6, as soon as reasonably practicable after.
Applies to: Where an investigation identifies relevant safety work for a significant hazard that an earlier associated investigation had not identified.
Clock starts: The relevant investigation is completed.
Extensions and exceptions: Ends if consent from another person is needed and all reasonable endeavours to obtain it are exhausted, or a later associated investigation concludes there is no hazard or no safety work.
Complete when: The relevant safety work is completed.
legislation.gov.uk, SI 2025/1042, regulation 11. Source
England · In force 27 October 2025 · Last checked 17 October 2026
Supplementary preventative work
In force
Begin, or take steps to begin, within 5 working days beginning on the relevant day. If it is not reasonably practicable to begin in that time, it must begin as soon as reasonably practicable and before the end of 12 weeks beginning on the day after the relevant investigation was completed. Then complete within a reasonable period.
Applies to: Significant and emergency hazards where an investigation identifies supplementary preventative work not previously identified.
Clock starts: The relevant day is the day after the relevant investigation is completed, or, where a further investigation was needed first, the day after the further investigation is completed. The 12 weeks run from the day after the investigation that determined the hazard was completed.
Extensions and exceptions: Ends if consent cannot be obtained after all reasonable endeavours, or a later associated investigation concludes there is no hazard or no supplementary work.
Complete when: The work is completed within a reasonable period. The Regulations do not define reasonable period.
legislation.gov.uk, SI 2025/1042, regulation 13. Source
England · In force 27 October 2025 · Last checked 17 October 2026
Deciding how serious it is
GOV.UK’s triage guidance describes when damp and mould is likely to be a significant hazard, when it is an emergency, and what is out of scope. It stresses the circumstances of the household, not only the condition of the home.
Damp and mould growth
In force
Threats to health from house dust mites, mould and fungal growth caused by damp or high humidity, including the mental health effects of living with damp, and threats from flooding.
Significant hazard: in force since 27 October 2025.
Emergency hazards: an emergency hazard of this type has applied since 27 October 2025 (all prescribed hazards except crowding and space).
Built and tested end to end in Assure: diagnosis, HHSRS assessment (advisory), statutory deadlines and an evidence trail.
GOV.UK (Ministry of Housing, Communities and Local Government), HHSRS Operating Guidance Part 2 (June 2026), hazard 11, page 74; HHSRS Regulations 2005, Schedule 1 paragraph 1. Source
England · In force 27 October 2025 · Last checked 17 October 2026
What the Housing Ombudsman has said
The Ombudsman’s damp and mould casework is the background the Coroner heard about, and it describes what landlords are expected to do.
Spotlight report on damp and mould: it’s not a lifestyle
Regulator expectation
The Ombudsman’s thematic report published in October 2021, drawn from its casework on damp and mould. The Coroner’s inquest heard evidence about it.
Two systemic issues persist in casework: over reliance on residents, and lack of overall responsibility for ensuring complaints are resolved.
Four chapters: from reactive to proactive, from inferring blame to taking responsibility, from disrepair claims to resolution, and from complaints to a learning culture.
The Coroner’s report records that the court heard evidence from the Ombudsman about this report.
Housing Ombudsman Service, Housing Ombudsman, Spotlight report on damp and mould: it’s not a lifestyle, October 2021. Source
England · Last checked 17 October 2026
Learning from severe maladministration: damp and mould, October 2024
Regulator expectation
The Ombudsman’s report on severe maladministration decisions about damp and mould, grouped by delays in inspection, starting work and completing work.
Published 16 October 2024 with an annex of damp and mould decisions.
The Ombudsman said the cases show landlords still struggling with timescales and that redress offered was repeatedly inadequate.
Twenty landlords are named in the report, as published.
Housing Ombudsman Service, Housing Ombudsman press release, 16 October 2024; Learning from severe maladministration (October 2024). Source
England · Published 16 October 2024 · Last checked 17 October 2026
What the coroner found
Inquest into the death of Awaab Ishak
Case law
Awaab Ishak died on 21 December 2020 at the Royal Oldham Hospital, aged two. The investigation concluded on 15 November 2022 with a narrative conclusion.
Coroner: Joanne Kearsley, Senior Coroner for the Coroner area of Manchester North. The investigation began on 27 December 2020.
Medical cause of death: acute airway oedema with severe granulomatous tracheobronchitis, due to environmental mould exposure.
Narrative conclusion: Awaab Ishak died as a result of a severe respiratory condition due to prolonged exposure to mould in his home environment. Action to treat and prevent the mould was not taken.
The Coroner’s report records that the presence of mould in the flat was notified to the landlord in 2017, and that no action to treat the mould had been taken by the time Awaab died.
Courts and Tribunals Judiciary, Regulation 28 Report to Prevent Future Deaths, Awaab Ishak, ref 2022-0365, 16 November 2022. Source
England · Published 16 November 2022 · Last checked 17 October 2026
Prevention of Future Deaths report on Awaab Ishak: matters of concern
Case law
The Coroner reported five matters of concern to the then Minister for Housing and the Secretary of State for Health, on 16 November 2022.
The 2006 Decent Home guidance gave no consideration to damp and mould or to adequate ventilation.
The HHSRS data sheet for damp and mould did not reflect the current known risks.
There was no evidence that up to date health information on damp and mould was easily accessible to the housing sector.
Housing associations had a policy, where a disrepair claim had been brought, of waiting for agreement from the claimant before rectifying recognised disrepair.
Private landlords’ tenants had no access to the Housing Ombudsman for complaints.
The recipients had a duty to respond within 56 days, by 13 January 2023. Responses are published on the same judiciary.uk page.
Courts and Tribunals Judiciary, Regulation 28 Report to Prevent Future Deaths, ref 2022-0365; Coroners and Justice Act 2009, Schedule 5, paragraph 7; Coroners (Investigations) Regulations 2013, regulations 28 and 29. Source
England · Published 16 November 2022 · Last checked 17 October 2026
Records
The Regulations do not impose a record keeping duty, but GOV.UK recommends keeping clear records, which a landlord may need as evidence of reasonable endeavours.
Record keeping
In force
Not specified.
Applies to: Landlords generally.
Clock starts: Not applicable.
Extensions and exceptions: Not applicable.
Complete when: The Regulations do not impose a record keeping duty. GOV.UK recommends keeping clear records of engagement, investigations, communications and attempts to comply, which a landlord may need as evidence of reasonable endeavours.
GOV.UK, Awaab’s Law Phase 2: Guidance for social landlords, section 1. Source
England · In force 27 October 2025 · Last checked 17 October 2026
General information, not legal advice. Check the primary source before relying on any statement, and take advice from a housing lawyer on your own position. Last reviewed 18 October 2026.