Regulations · 4 min read · Updated 6 November 2026
Renters' Rights Act 2026: what changes for damp and mould
Where the law stood before
Private landlords in England have had duties on damp and mould for years. The Landlord and Tenant Act 1985 requires repairs to the structure and exterior and installations such as heating and drainage. The Homes (Fitness for Human Habitation) Act 2018 lets tenants take a landlord to court if the home is unfit, and damp and mould growth is one of the listed factors. Councils can also assess damp and mould as a hazard under the Housing Health and Safety Rating System and serve improvement notices. In practice, many renters held back from complaining because they could be served a no-fault section 21 notice.
What changed on 1 May 2026
The Renters' Rights Act 2025 received Royal Assent in October 2025, and its main tenancy reforms in England took effect on 1 May 2026. For damp and mould, the most important change is security of tenure.
- Section 21 no-fault evictions were abolished, so a landlord now needs a valid legal ground to end a tenancy
- Most assured shorthold tenancies became periodic assured tenancies with no fixed end date
- Rent increases are limited to once a year through a formal process that tenants can challenge at tribunal
- Tenants can raise repairs, including damp and mould, without the threat of an easy eviction afterwards
This does not create a new damp and mould rule by itself, but it makes the existing ones much easier for tenants to use, and landlords should expect more reports and requests for evidence of repairs.
What is still to come
| Measure | Status for private rented homes in England |
|---|---|
| Decent Homes Standard | Government has set an implementation date of 2035, with homes required to be free of damp and mould and meet thermal comfort standards |
| Awaab's Law timescales | Already in force for social housing since October 2025; government is consulting on applying it to private landlords, with no confirmed start date at the time of writing |
| Private Rented Sector Database | Landlords and properties to be registered; being introduced in stages |
| Private Rented Sector Landlord Ombudsman | Planned, giving tenants a route to complain without going to court |
| HHSRS update | Reform of the hazard rating system is expected, with no fixed date |
Dates for later phases can move, so check the latest government guidance before relying on any deadline. Wales and Scotland have their own separate rules.
What landlords should do now
- Respond to damp and mould reports quickly and in writing, even before Awaab's Law applies to private rentals
- Inspect, find the cause and record moisture readings and photos
- Fix the cause, not just the stain: fans, vents, leaks, gutters, insulation and heating
- Keep a log of every report, visit and repair with dates
- Check the property again around six weeks after work, as government guidance suggests
- Give tenants clear written information on ventilation and heating controls without blaming lifestyle
Good records matter more than ever. If a tenant complains to a council or, in future, an ombudsman, a clear timeline of action is the strongest evidence a landlord can have.
What tenants should do
Report damp and mould to the landlord or agent in writing, with photos and dates, and keep copies. Explain any health conditions in the household, because government guidance says landlords should treat vulnerable occupants as a priority. Allow reasonable access for inspections. If nothing happens within a reasonable time, contact the council's private sector housing or environmental health team, which can inspect and take enforcement action. Withholding rent is risky and can lead to rent arrears grounds, so get advice from Shelter or Citizens Advice first.
Why mould cases are likely to rise
Longer, more secure tenancies mean tenants are more likely to stay and push for proper repairs, and councils are expected to have stronger enforcement powers and higher civil penalties under the Act. Landlords who budget for regular ventilation checks and treat small mould problems early generally spend far less than those who wait for a formal complaint.
Wales and Scotland
The Renters' Rights Act changes described here apply to England. In Wales, the Renting Homes (Wales) Act 2016 has applied since December 2022 and requires landlords to keep homes fit for human habitation, with damp and mould growth among the matters considered, under occupation contracts. In Scotland, the Repairing Standard requires privately rented homes to be wind and watertight and reasonably fit for human habitation, and tenants can apply to the First-tier Tribunal if a landlord fails to meet it. Landlords with property in more than one nation need to follow each set of rules separately.
In every part of the UK, the practical expectation is the same: respond to reports promptly, find and fix the cause and keep a written record.
Frequently asked questions
Does Awaab's Law apply to private landlords in 2026?
Not yet in its full form, at the time of writing. Awaab's Law timescales have applied to social landlords in England since 27 October 2025. The Renters' Rights Act 2025 gives government the power to extend similar requirements to private landlords, and it has said it will consult on how to do that. Private landlords still have existing legal duties to fix damp and mould.
Can my landlord evict me for complaining about mould?
Since 1 May 2026, section 21 no-fault evictions have been abolished in England, so a landlord can only end a tenancy using a specific legal ground, such as selling the property or serious rent arrears, and must follow the proper process. Complaining about mould is not a ground for possession. If you are threatened, get advice from Shelter, Citizens Advice or your council.
When does the Decent Homes Standard apply to private rentals?
The government has announced an implementation date of 2035 for the new Decent Homes Standard in both social and private rented homes. It includes a requirement for homes to be free of damp and mould. Until then, landlords must still meet the existing repairing and fitness for habitation duties and the Housing Health and Safety Rating System.
Renters Rights Act 2026 private renting landlords
