Damp and Mould: How do we get the response right

By Lucy Mullineux, Senior Associate Partner, Baily Garner LLP & Simon Thirtle, Partner and Head of Affordable Housing, Ward Hadaway

Originally published by Healthy Homes Hub: https://healthyhomeshub.uk/articles/damp-and-mould-awaabs-law-compliance-social-housing

Awaab’s Law and Damp & Mould Compliance in Social Housing

Damp and mould was probably the most used phrase across social housing in 2025. It’s not surprising, considering that new legislation was introduced in response to the tragic death of young Awaab Ishak. A change that was much needed.

Damp and mould has existed for many years, and we simply should not accept it continuing to persist. We know more about it than we ever have done, and we have more treatments than we have ever had before. So, with a tighter regulatory regime in place is this the time that we can get on top of an issue which continues to impact upon housing across the country and impact on resident’s lives.

Damp and Mould Reports After Awaab’s Law: Has the Surge Happened?

In the lead up to last October there was a widely held concern across the UK social housing sector that landlords would face an overwhelming surge in damp and mould reports. The fear was that surveying and repairs teams might be unable to respond within the newly required statutory timeframes, particularly as the legislation came into force as we entered the colder months.

A few months in, where are we? Have we seen this large influx and are there a number of legal cases underway?

Not at the increased numbers people were expecting.

But this present outcome reflects the uncomfortable truth. Damp and mould is not a new phenomenon. Instead, what we have seen change is not the number of cases being reported, but rather the urgency, scrutiny and accountability attached to resolving them. Awaab’s Law has not created a new problem. Rather it has instead formalised expectations around a long-standing one.

The broadly stable numbers suggests that most landlords are accommodating the new requirements through their existing surveying and repairs structures and the success of proactive measures already implemented, even as we hit the depths of winter. This points to a sector that, while under significant pressure, can adapt to the new regulatory landscape.

Damp and Mould Diagnosis: Why Correct Identification of the Cause Matters

From experience, properties that require full intrusive damp and mould surveys are typically those where landlords have already attempted remediation, often on more than one occasion. In most cases, landlords have acted diligently and promptly and with the right intent, but the outcome has been undermined by a failure to correctly and accurately diagnose the problem.

A common issue faced is a continued reliance on organisations presenting themselves as “independent damp specialists”, who routinely diagnose rising damp and recommend solutions such as injected damp proof courses and associated replastering systems.

Rising damp is not a diagnosis. Rather, it is a description of a symptom. The true diagnosis lies in understanding the mechanism which allows moisture to enter and move through the building fabric. By treating the symptom without fully understanding the cause leads to unnecessary expenditure for landlords and unresolved conditions for residents.

Another common pitfall is remediation without investigation. Mould washing, redecorating or replastering may improve appearances temporarily, but without identifying and addressing the true underlying cause, the issue will almost always return.

How Awaab’s Law Supports Proper Investigation and Long-Term Solutions

One of the most persistent narratives surrounding damp and mould has been an assumption that resident behaviour is the primary cause. Evidence we have seen, does not support this view.

From hundreds of damp and mould surveys undertaken by us here at Baily Garner, only a very small percentage of cases could be attributed solely to resident use and occupation, with no contributing defects. In most cases, damp and mould arises either from building defects alone or through a combination of defects and occupancy factors.

To support better diagnosis, at Baily Garner we developed an index of housing archetypes ranging from Georgian properties through to modern construction. The index identifies typical risks, historic interventions and common defects associated with different eras of housing, alongside appropriately employed remedial strategies. This allows landlords to draw comparisons with their own stock, inform early diagnosis and reduce repeat failure.

It can also be used to support landlords during acquisition by allowing more informed due diligence and negotiation to take place before properties are occupied and issues escalate.

Fuel Poverty, Condensation and Indoor Air Quality: The Unresolved Risk

There remains, however, a significant challenge that Awaab’s Law does not, and was never intended to resolve, the question of fuel poverty.

There is an intrinsic link between heating, ventilation and indoor air quality. Even where mechanical ventilation is installed and operating correctly, its effectiveness tends to rely on adequate internal temperatures and consistent use. Where residents cannot afford to heat their homes, condensation-related mould growth can still occur even in the absence of building defects.

This raises a difficult and as yet unresolved question. In cases where condensation and mould are driven primarily by fuel poverty, who becomes accountable?
A recent case we became aware of illustrates this challenge. A resident reported that their heating system was unable to adequately heat the home, resulting in significant condensation. A full heating assessment, thermal analysis together with intrusive moisture testing confirmed that there were no defects in the building fabric. The subsequent investigation found that the property was being lived in at 12°C with 71% relative humidity, with the heating and ventilation systems switched off due to extreme financial hardship.

This highlights a serious health issue that cannot and should not be ignored, but it sits outside the direct scope of the legislation itself. Addressing it will require coordinated action across housing, tenancy and financial support, energy and public health, rather than adherence to compliance alone.

Housing Ombudsman Severe Maladministration Findings on Damp and Mould

In our collective view working to minimum standards will also not deliver healthy homes. Can our collective knowledge base take us beyond this? As a housing provider you face the same property challenges irrespective of the size of portfolios. Understanding of how issues have and can be addressed become invaluable as the whole sector works to fulfil the new legislation.

The Housing Ombudsman’s Learning from Severe Maladministration report, published in October 2025, highlighted the consequences of poor diagnosis. Of the 24 landlords named, analysis shows that in 21 cases the outcomes were wholly or partly driven by two recurring failures:

• Mould washes carried out without timely investigation or follow-up remediation

• Interventions that failed because the specified works were not right first time

Both failures were found to cause prolonged distress to residents and escalating costs for landlords. Both were avoidable.

Moving Beyond Compliance: Embedding Proactive Damp and Mould Management

As Awaab’s Law beds into practice, the opportunity for the social housing sector is clear. Compliance alone is not the goal. The real prize lies in embedding better diagnosis, stronger asset intelligence and a proactive approach to maintenance.

And is this not the best time for us to do this in collaboration and partnership? The sector now has clear legal guidelines to follow. Whilst it might become a challenge of volume, it should not be a lack of understanding or available solutions that gets in the way.

Sharing of knowledge between providers and importantly suppliers should help. This should be seen as a collective not an individual challenge. Getting it right first time is not only a regulatory requirement it also becomes fundamental to delivering healthier homes, more resilient housing portfolios and tenant satisfaction. This becomes even more important with a changing climate.

Let’s hope the legacy will be the solution of a problem that has blighted the housing sector for decades.