On this page
- Why Awaab’s Law Changes Everything for Landlords, and Why Ventilation Is at the Heart of It
- Why ‘Lifestyle’ is No Longer an Excuse
- Root Cause: What Landlords Really Need to Address
- When an Investigation Points to Ventilation or Insulation
- Frequently Asked Questions
- Common Mistakes to Avoid
- Mistake 1: Ignoring Ventilation Needs
- Mistake 2: Overlooking Insulation Quality
- Mistake 3: Relying on Tenant Behaviour Justifications
- Mistake 4: Delaying Property Assessments
- Mistake 5: Failing to Document Investigations
- In this series
Why Awaab’s Law Changes Everything for Landlords, and Why Ventilation Is at the Heart of It
For decades, a convenient narrative has circulated through the housing sector: that damp and mould in rented properties are largely the tenant’s fault. Too much cooking. Too many showers. Not enough windows opened. It’s a story that has let structural problems go unfixed for years, and in the worst cases, it has cost lives.
Awaab Ishak was two years old when he died in December 2020. The cause was a respiratory condition directly linked to mould in the social housing property his family had repeatedly reported. His death, and the inquest that followed, exposed something the housing sector could no longer ignore: that blaming tenants for conditions caused by inadequate ventilation and insulation isn’t just unfair, it’s dangerous.
Awaab’s Law, which came into force on 27 October 2025, now places a legal duty on social landlords in England to investigate and fix damp and mould hazards, and emergency hazards, within strict timeframes. Emergency hazards must be investigated and made safe within 24 hours. Significant damp and mould hazards must be investigated within 10 working days; the tenant must get a written summary within 3 working days of the investigation; and safety works must be completed within 5 working days. The law doesn’t offer a defence of “the tenants were cooking too much.” It asks a harder, more honest question: is the building actually fit for purpose?
Since the law came into force, the effects have been immediate. In April 2026, Inside Housing reported a sharp rise in emergency hazard reports from social landlords, which Housemark attributed to better identification and investigation rather than a sudden decline in housing quality.
This article looks at the root causes behind damp and mould, why the “tenant lifestyle” explanation so often misses the point, and what landlords and developers need to understand about ventilation and insulation if they’re going to meet both the letter and the spirit of this law. A common pattern is that where buildings are properly designed and maintained to manage moisture at source, the problem is far less likely to take hold; where they aren’t, tenant behaviour change alone rarely fixes it. For how these issues intersect with broader housing standards, see our guide to Awaab’s Law and overlapping housing regulations.
Understanding that distinction, between lifestyle and structure, is exactly what Awaab’s Law now demands.
For years, a particular response echoed through housing offices whenever tenants reported damp or mould: “It’s condensation from cooking and drying clothes.” That explanation, convenient, cheap, and almost entirely unverifiable, allowed landlords to close cases without spending a penny on the property itself. Awaab’s Law has changed that calculation entirely.
Why ‘Lifestyle’ is No Longer an Excuse
Landlords can no longer attribute damp and mould solely to how tenants live. The government’s damp and mould guidance for rented housing providers, first published in 2023, is explicit: “it is totally unreasonable to blame damp and mould in the home on ‘lifestyle choices’”, and landlords should “identify and tackle the underlying causes of damp and mould, including building deficiencies, inadequate ventilation and condensation”. Under Awaab’s Law, a reported hazard must be investigated within the statutory timescales, not closed with a leaflet.
Tenant Blame Narrative
- ✔️ Condensation from cooking/showering
- ✔️ Open a window
- ✔️ Tenant generates too much moisture
- ✖️ Lifestyle is no longer a standalone explanation
Landlord Responsibilities under Awaab's Law
- ✔️ Investigate root cause
- ✔️ Fix inadequate ventilation
- ✔️ Repair/replace insulation
- ✔️ Address failing damp-proof courses and building fabric
This is a genuine shift. The old line, “the tenant generates too much moisture”, no longer works as a standalone justification for inaction. Social landlords in England are now required to investigate within fixed timescales and act on what they find, and private landlords will be once a start date is set for extending Awaab’s Law to the private rented sector. In practice, that means ruling out structural and systemic causes before pointing to the occupant.
This was overdue. Advice about opening windows isn’t wrong, ventilation does matter, but it has too often been used as a substitute for actual remediation. As the government guidance puts it, “working with tenants must sit alongside - and not be a substitute for - tackling the root causes of the issue”.
Root Cause: What Landlords Really Need to Address
So what should landlords actually be investigating? The checklist is more technical than many property managers have historically been comfortable with. Missing or inadequate ventilation, damaged or absent insulation, failing damp-proof courses, and poorly maintained building fabric are the starting points, not the tenant’s cooking habits.
Old approach: blame tenant lifestyle
- ✔ Attribute damp/mould to cooking, showering and drying clothes
- ✔ Issue ventilation leaflets/advice
- ✔ Close the case with no spend on the property
Awaab's Law approach: investigate root causes
- ✔ Assume responsibility and open a proper investigation
- ✔ Rule out structural and systemic causes (missing/inadequate ventilation, damaged insulation, failing damp-proof courses, poor building fabric)
- ✔ Document findings and remediate
Moisture problems in residential buildings very often trace back to construction flaws or systems that have degraded over time, not to how people live in a space. A family of four will produce moisture. That’s unavoidable. But a well-designed, properly maintained building is engineered to handle that load. When it can’t, the building has a problem, not the family.
A straightforward example makes this concrete. Bathrooms without functioning extractor fans are one of the most common findings in damp investigations. The fix is relatively simple and inexpensive. The impact, though, is significant: without mechanical extraction, humid air from showers has nowhere to go except into the fabric of the building. Mould follows. And yet, in many cases, tenants in those properties were being told to open a window rather than having the fan repaired or installed. That’s the kind of gap Awaab’s Law is designed to close.
The Housing Ombudsman also publishes learning resources on Awaab’s Law for landlords and residents. Bear in mind that damp has several sources, including leaks, rising or penetrating damp and plumbing faults, so a good investigation looks at all of them, not just ventilation.
When an Investigation Points to Ventilation or Insulation
Once an investigation confirms a significant hazard, the legal duty to act kicks in: safety works within 5 working days, and preventative works started within 5 working days (or within 12 weeks where that is impracticable). Where the cause is missing or failing ventilation or insulation, that work may mean repairing, installing or upgrading it, rather than advising tenants to compensate for the gap through their behaviour.
The benchmarks for what adequate ventilation and insulation look like come from the Decent Homes Standard, the Housing Health and Safety Rating System (HHSRS) and the Building Regulations (Approved Document F covers ventilation), rather than from the Regulator of Social Housing’s consumer standards. Falling short, particularly after a hazard has been reported and investigated, leaves a landlord exposed to breach-of-contract claims, Ombudsman complaints and regulatory scrutiny.
What this means practically is that landlords need to move from a reactive, complaint-by-complaint posture to a more systematic one. If a property has a pattern of damp reports, that’s a signal worth investigating at a building level, not just a unit level. Are the extractor fans in that block up to specification? Is the insulation in the external walls performing as it should? Has the building’s ventilation strategy kept pace with any retrofitting work done over the years?
These are engineering questions, and they require engineering answers. Landlords who get ahead of this, commissioning proper ventilation assessments and insulation surveys now, are likely to find compliance far less disruptive than those who wait for complaints or claims to force their hand. The timelines are already live.
The bottom line: the lifestyle myth no longer stands up. Root causes, ventilation, insulation, building fabric, are where the responsibility sits, and where the solutions need to be found.
Frequently Asked Questions
What is Awaab’s Law and how does it impact landlords?
Awaab’s Law (SI 2025/1042) requires social landlords in England to investigate and fix emergency hazards and significant damp and mould hazards within fixed timescales. Government guidance is clear that damp and mould should not be blamed on tenants’ lifestyle choices, and that landlords should identify and tackle the underlying causes.
How can landlords ensure compliance with Awaab’s Law?
Investigate every report properly, looking for structural causes such as inadequate ventilation, damaged insulation or failing building fabric, meet the statutory timescales, and keep clear records. Regular maintenance checks help catch problems early.
What are common root causes of damp that landlords should address?
Government guidance points to building deficiencies, inadequate ventilation and condensation. In practice that includes missing or broken extractor fans, damaged or missing insulation, leaks, rising or penetrating damp, and poorly maintained building fabric.
How does Awaab’s Law change the approach to tenant complaints about damp?
Landlords cannot simply dismiss reports as a lifestyle issue. Each report needs to be taken seriously and investigated within the timescales, with advice to tenants sitting alongside, not replacing, work on the root causes.
What should landlords do if they discover ventilation or insulation issues?
Carry out the work needed to deal with the hazard within the timescales, which may mean repairing, installing or upgrading ventilation or insulation. Benchmarks for ventilation and insulation come from the Decent Homes Standard, the HHSRS and the Building Regulations, not from the Regulator of Social Housing’s consumer standards.
Common Mistakes to Avoid
Mistake 1: Ignoring Ventilation Needs
One common mistake landlords make is neglecting the ventilation requirements of their properties. Failing to install or maintain adequate ventilation can contribute to persistent damp and mould, which landlords must now investigate and act on within the Awaab’s Law timescales. To avoid this, ensure that all properties are equipped with functional extractor fans and that ventilation strategies are regularly assessed and updated.
Mistake 2: Overlooking Insulation Quality
Many landlords underestimate the importance of proper insulation in preventing damp issues. Insufficient or damaged insulation can exacerbate moisture problems, leading to costly repairs and potential legal repercussions. Conduct regular insulation assessments and replace or upgrade insulation materials as needed to maintain compliance and protect your property.
Mistake 3: Relying on Tenant Behaviour Justifications
Landlords often fall into the trap of attributing damp and mould problems solely to tenant behaviour, such as cooking or drying clothes. This mindset disregards the structural issues that may be the true root causes. Instead, focus on thorough investigations of the property to identify and address underlying problems rather than blaming tenant actions.
Mistake 4: Delaying Property Assessments
Another mistake is postponing necessary property assessments and maintenance until tenant complaints arise. This reactive approach can lead to significant compliance issues under Awaab’s Law. Proactively schedule regular inspections and maintenance to identify and rectify potential hazards before they escalate into tenant complaints.
Mistake 5: Failing to Document Investigations
Landlords sometimes neglect to keep detailed records of their investigations into reported damp issues, which can lead to compliance failures. Proper documentation is essential for demonstrating that you have taken the necessary steps to investigate and address root causes. Implement a systematic approach to record all findings, actions taken, and communications with tenants to ensure compliance and accountability.
In this series
Part 4 of 12 in Awaab’s Law: The Complete Guide for Landlords (2026).
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Useful pages
- Awaab's Law hub →
The statutory damp and mould timescales, who they apply to and where ventilation fits.
- Awaab's Law tenant kit →
A free, printable plain-English handout landlords can give to tenants.
- Damp solution finder →
A few quick questions, then a plan: the likely cause, what to fit, where and what it costs.
- Active Trickle Vent →
A wind-powered trickle vent for window frames. No fan, wiring or running costs.
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Why blaming damp and mould on tenant lifestyle no longer works under Awaab's Law, what guidance says on root causes, and where ventilation fits in.
Contact UsWritten by the Active Vent Team, Swansea. About us