Damp and mould position statement 2025

Issue

North Kesteven District Council’s current position in relation to the introduction of Awaab’s Law in October 2025.

Relevant background

Awaab’s Law will be introduced under clause 42 of the Social Housing Regulation Act 2023 from October 2025. Awaab’s Law was created following the unfortunate death of two-year-old Awaab Ishak due to the presence of damp and mould in the property his family rented from their local authority. Damp and Mould has since been identified and placed as the number one hazard in the Housing Health and Safety Rating System as it can cause serious illness and death if left untreated.

The Law states that social landlords will be required  to investigate and fix dangerous damp and mould in defined time periods, as well as repair all emergency hazards within 24 hours.

This change is in addition to the Fitness for Human Habitation Act 2018 which is inserted to the Landlord and Tenant Act 1985, that states that a home must be safe, healthy and free from things that could cause residents serious harm to be fit for human habitation.

Further to this, the Consumer Standards safety and quality part 2.2.1, requires that tenants’ homes meet the minimum standard of a safe home, known as the Decent Homes Standard, which was reviewed in 2021.

What Awaab's Law outlines

  • If a registered provider is made aware of a potential hazard in a social home, they must investigate within 14 calendar days to ascertain if there is a hazard
  • A report  or service request does not need to be a formal one and may be made in any manner such as by phone or email. Once a report or service request is made,  the 14 days to investigate applies
  • If evidence from a medical professional is provided, where they believe there is a risk to a resident's health, an investigation must begin within 7 calendar days
  • However, it is not necessary for a resident to seek medical professional notice of risk to residents’ health for an investigation to be carried out
  • Within 14 days of being made aware of a report or service request of damp and mould, the registered provider must provide a written summary of findings to the residents that includes details of any hazard identified and (if necessary) next steps, including an anticipated timeline for repair and schedule of works
  • If the initial investigation finds a hazard that falls under category 1 hazard, then works must begin within 7 days of the written summary being provided

As Awaab’s Law is coming into force, there are several requirements social housing providers must meet. This position statement is to provide an overview of how we are currently doing, and what, if anything, we need to work on.

To learn more about Awaab's Law, visit the GOV.UK website.

Implications and considerations

The most significant impact on tenants will be the need to report concerns in a timely manner to limit the potential impact of harm caused by damp and mould. A possible consideration would be the need for more engagement with tenants to report in a timely manner. For example, more articles and reminders via social media and other council publications should be considered.

Tenants are already required to allow access for repairs to be inspected and or undertaken, so the impact here will be minimal.

Another potential impact is that tenants will receive more information via reports, surveys and plans and a time frame relating to these. This could help our tenants feel more informed and included in the investigation and help them to understand the realistic timeframes that are set for the completion of works and the options available to rectify any possible issues, if identified, causing the reported damp and mould.

Assurance

In January 2025, the council’s Damp and Mould Policy was reviewed and was published to the website. Since then, the council’s procedures relating to repairs and damp and mould have been under review and development. The Damp and Mould report tracker database has also recently been redesigned to include more information relating to the timeline of events and correspondence. The database now coordinates with complaints, ensuring more accurate record keeping. These actions have identified possible areas in our service delivery that need to be taken into consideration. It has also provided areas where the council can improve, and these actions can then be added to work plans.

The current procedure as outlined in the policy states:

  • All required works are raised with one of the council's contractors
  • Following the Repair Officer's visit, a letter will be sent to the tenant advising of the findings of the survey, confirming the works to be undertaken by the council and provide any additional advice that may help to resolve the issue
  • If remedial works are needed, the tenant will receive a follow up call at 3, 6, 12 and 24 months from the date the works are completed to check that everything is satisfactory

Of the 192 Stage 1 complaints received about the landlord service in 2024/25, there are 20 complaints about the landlords handling of damp and mould, 15 of which were upheld.

Next steps

The implementation of Awaab’s Law will have an impact on tenants and the service delivery of housing maintenance and repairs.

North Kesteven District Council will need to continue to review, develop and implement their procedures in line with Awaab’s Law. This will be crucial in relation to records and data management. Communication between tenants and the council will need to continue to be developed and reviewed to ensure the deadlines are met and that complaints are minimised. The deadline for the implementation of these procedures is set to October 2025 as this is when Awaab’s Law will be applied.

Further information

If you are concerned about damp and mould or require any further information in relation to this position statement, please contact Scott Masterman, Property Services Manager on 01529 414155

  • Prepared by: Mollie Brown, Health and Safety Regulatory Assurance Officer
  • Approved by:
  • Version number: 1
  • Publication locations: Corporate Website
  • Date prepared: 9 April 2025
  • Date approved:
  • Review date:
  • Publication date: