Your Landlord’s Legal Duty to Repair
Landlords have always had a legal duty to keep certain parts of a rented property in repair — including the structure, roof, walls, windows, plumbing, gas, electricity, and heating installations. This duty cannot be contracted out of, regardless of what the tenancy agreement says.
The Homes (Fitness for Human Habitation) Act 2018 requires that your home is fit for human habitation at the start of and throughout your tenancy. This means it must be free from serious health and safety hazards assessed under the Housing Health and Safety Rating System (HHSRS). If your landlord breaches this duty, you can apply to the court for a remedy — without needing to go through your landlord or local council first.
Awaab’s Law — What It Is and What Is Coming
Awaab’s Law — named after two-year-old Awaab Ishak, who died from exposure to mould in social housing — sets legally binding timescales within which landlords must investigate and remedy hazards including damp and mould. It currently applies to the social rented sector.
The government has committed to extending Awaab’s Law to private rented properties in a future phase of the Act. When it comes into force for private landlords (subject to further consultation), it will require action within set deadlines — with emergency hazards requiring the fastest response. This extension has not yet come into force as of May 2026, but it is coming.
What Counts as a Serious Hazard?
The Housing Health and Safety Rating System (HHSRS) defines the hazards that landlords must address. The most common serious hazards in private rented homes are:
- Damp and mould — one of the most widespread problems in the sector
- Inadequate heating — particularly dangerous for children, older tenants, and those with health conditions
- Electrical faults and unsafe wiring
- Structural defects — unsafe ceilings, floors, staircases
- Pest infestations
The Single Most Important Thing — Report in Writing
Always report repairs to your landlord in writing — by email, letter, or through your landlord’s portal. A verbal report over the phone leaves no record. The date of your written report starts the clock on the legal timescales your landlord must meet.
Keep copies of everything. If your landlord refuses to act, your written evidence is what protects you — with your local council’s Environmental Health team, with the new PRS Ombudsman, and in any legal proceedings.
If Your Landlord Refuses to Act
You have several avenues available — including reporting to your local council’s Environmental Health team, and in some circumstances applying directly to the court under the Homes (Fitness for Human Habitation) Act 2018. Our members-only guide covers each route in detail, including what to do if your landlord retaliates by threatening eviction after you report a repair.
Want the full step-by-step guidance?
Our members-only guide “Dealing with Damp, Mould and Repairs — Your Rights Under Awaab’s Law” takes you through exactly what to do, letter by letter, step by step. It includes the specific timescales, the forms you need, and how to build your case.
Members also get access to ready-to-use letter templates, priority support from our housing specialists, and — for urgent eviction cases — same-day response.
This is a free awareness guide produced by Renters Rights Act Services. It explains the law in general terms only and does not constitute legal advice. For detailed, actionable guidance specific to your situation, become a member at rentersrightsactservices.co.uk/claude/. We are not a law firm.