Damp and Mould Compensation: Claim Under Awaab's Law 2026
Is your social landlord ignoring damp and mould? Under the Social Housing Regulation Act 2023, relevant social landlords in England must investigate significant damp and mould within 10 working days. A statutory emergency hazard must be investigated and made safe within 24 hours.
Direct answer: In relevant social housing in England, significant damp and mould must be investigated within 10 working days and made safe within 5 working days after the investigation concludes. Statutory emergency hazards must be investigated and made safe within 24 hours. Compensation is not automatic and requires an individual legal and evidential assessment.
Health Hazard Warning
Symptoms that indicate mould is affecting your health
Persistent coughing
CommonWheezing & breathlessness
SeriousAsthma attacks
SevereSkin rashes & irritation
CommonChest infections
SeriousWorsening existing lung condition
SeriousSeek healthcare advice if you are concerned about symptoms. The landlord should not delay action while waiting for medical evidence.
Is My Landlord Responsible If Mould Is Caused by Condensation?
Condensation describes moisture forming on a cold surface; it does not by itself decide legal responsibility. Government guidance says landlords should investigate underlying causes including building deficiencies, inadequate ventilation, heating, insulation and condensation. Tenant behaviour can be relevant, but a landlord should not simply blame “lifestyle” without a proper assessment.
Should I Clean Mould Before My Landlord Inspects It?
Photograph and document the location and extent before removal where possible. Do not keep dangerous mould in place solely to create evidence: health risk may require prompt safe removal by an appropriate person. Follow product safety guidance and avoid disturbing extensive or concealed growth without professional advice.
Cleaning visible mould is not a substitute for identifying and fixing the moisture source. Keep inspection, treatment and follow-up records, particularly if it returns.
Can I Claim If Damp and Mould Worsened My Child's Asthma?
Potentially. Government health guidance identifies children, people with asthma and people with other underlying health conditions as groups at increased risk. A legal injury claim still requires evidence that the landlord owed and breached a duty and that the housing conditions caused or materially worsened the condition.
Keep the repair history and relevant medical records. More substantial or disputed injury may require independent medical evidence; a diagnosis alone does not prove legal causation.
Can I Claim After the Mould Has Been Cleaned or Painted Over?
Potentially. Surface treatment may reduce the immediate hazard but does not automatically resolve an earlier loss or the underlying defect. Dated photographs, landlord reports, treatment records, damaged-property evidence and proof of recurrence can help establish what happened before the surface changed.
Does Your Property Meet the 2026 "Fitness for Habitation" Standard?
The Homes (Fitness for Human Habitation) Act 2018 and Awaab's Law set strict standards. These conditions require proper assessment. Whether a home is legally unfit and whether compensation is available depend on the facts and evidence.
Penetrating Damp
Water entering through walls or roofs due to failed pointing, cracked render, or damaged guttering.
Rising Damp
Moisture climbing from the ground due to failed DPC (Damp Proof Course) or bridged cavities.
Visible Mould Growth
Mould of any colour should be reported and assessed; appearance alone does not establish species, toxicity or legal category.
Inadequate Ventilation
Faulty extractor fans, sealed windows, or blocked air vents causing condensation buildup.
The Awaab's Law Repair Timeline
Mandatory deadlines for relevant social landlords. Missing a deadline may support a remedy, but does not automatically establish compensation or its amount.
⚖️ These are legal requirements under the Social Housing Regulation Act 2023
Investigation
To investigate the report and identify the root cause of the damp or mould.
Written Report
To provide you with a written report of their findings.
Emergency Hazard
To investigate and make safe where the statutory emergency-hazard test is met.
Make Safe
After the investigation concludes, to make a significant damp or mould hazard safe.
How Awaab's Law Adds to Existing Repair Rights
Repair, fitness and council-enforcement duties existed before Awaab's Law. Phase 1 added fixed contractual procedures for relevant social housing from 27 October 2025.
| Requirement | Existing Duties Continue to apply | Awaab's Law Phase 1 from October 2025 |
|---|---|---|
| Investigation Deadline | Reasonable time and other applicable duties | 10 Working Days |
| Emergency Repair Start | "Reasonable time" | 24 Hours |
| Written Report Required | No equivalent universal investigation summary | 3 Working Days |
| Significant Repairs Begin | Reasonable time depends on circumstances | Further work governed by separate duties |
| Legal Enforcement | Court, council and complaint routes | Contractual enforcement plus existing routes |
How Much Compensation Can I Claim for Mould?
Awards are fact-specific. The court or parties consider the legal duty, seriousness, duration, effect on use of the home, proven expenditure and any medically supported injury.
Rent Abatement
Damages may reflect the seriousness, duration and effect on use of the home.
Special Damages
Proven reasonable losses may include belongings damaged by damp or mould, subject to evidence and valuation.
Personal Injury
A related injury claim requires medical evidence addressing diagnosis, causation and prognosis.
Prepare Your Mould Evidence for a Free Assessment
A free initial assessment can consider your photographs, repair reports and landlord correspondence. Case acceptance, evidence requirements and funding depend on the facts.
Dated photos of damage
Landlord correspondence
Medical records (if any)
Check Whether We Can Help
Get a free, no-obligation consultation. Whether you're dealing with damp, mould, a broken boiler, or structural problems — we'll assess your case and explain your options.
- Free initial consultation – no cost, no commitment
- Conditional Fee Agreements may be available for eligible claims
- We aim to respond within one working day
- Legal services provided by an SRA-regulated firm
- We explain legal claims and free complaint routes
Did you know? Under the Pre-Action Protocol for Housing Conditions Claims (England), parties are expected to exchange information and try to resolve suitable claims before court proceedings. Different or urgent routes may apply.
