Damp and mould are not cosmetic problems. They are health hazards. The death of two-year-old Awaab Ishak in Rochdale in 2020 — caused by prolonged exposure to mould in a social housing flat — forced Parliament to act. The result is Awaab's Law, and for tenants in Kingston upon Thames, it matters.
Here is what the law requires, when it applies, and what you can do if your landlord — or the council — does nothing.
Awaab's Law is a set of amendments to the Social Housing (Regulation) Act 2023. It compels social landlords — housing associations and local councils that provide rented homes — to investigate and fix damp and mould within strict, legally binding timeframes.
The first phase comes into force in October 2025. From that date, social landlords must:
These are not targets. They are legal obligations. A social landlord that fails to meet them can be reported to the Regulator of Social Housing, which has powers to issue unlimited fines and take enforcement action.
Awaab's Law in its first phase applies to social landlords — primarily housing associations operating in the borough and any council-managed housing stock. If you rent from a housing association such as Clarion, Optivo (now Southern Housing), or a similar registered provider, this law applies to your landlord from October 2025.
Kingston Council itself retains housing functions. If you are a council tenant and report damp or mould, the council is bound by the same timelines.
Later phases of the legislation are expected to extend provisions further, but as of October 2025, the focus is on the social rented sector.
If you rent privately in Kingston — from an individual landlord or a letting agency — Awaab's Law does not directly apply to your tenancy at this stage. However, you are not without rights.
The Homes (Fitness for Human Habitation) Act 2018 already requires all landlords, including private ones, to ensure rented properties are fit to live in. Damp and mould that affects health falls squarely within this.
More importantly, Kingston Council's Environmental Health team has statutory powers under the Housing Health and Safety Rating System (HHSRS) to inspect private rented properties and enforce action against landlords. Damp and mould is a Category 1 hazard under HHSRS — the highest level — which means the council has a legal duty to take action, not merely a power.
To report damp or mould in a private rented property in Kingston, contact:
Keep a record of every contact you make. Take dated photographs. Send written complaints by email so you have a trail.
Whether you are a social or private tenant, here is a clear escalation path if your landlord or the council fails to act.
Step 1: Write formally to your landlord Send a written complaint — email is fine — setting out the problem, when you first reported it, and what response you received. Keep a copy.
Step 2: Contact your social landlord's formal complaints process All registered social landlords must have a complaints procedure. Use it. Reference Awaab's Law and the specific timelines if they have not been met.
Step 3: Escalate to the Housing Ombudsman If your social landlord has not resolved your complaint within a reasonable time (generally eight weeks), you can take your case to the Housing Ombudsman Service — free of charge. The Ombudsman can order landlords to pay compensation and carry out repairs. Visit www.housing-ombudsman.org.uk.
Step 4: Report to the Regulator of Social Housing From October 2025, if a social landlord is systematically failing on Awaab's Law timelines, you can report this to the Regulator of Social Housing at www.gov.uk/government/organisations/regulator-of-social-housing. The Regulator can investigate and fine landlords.
Step 5: For private renters — chase Kingston's Environmental Health team If you have reported to Kingston's Environmental Health and received no response within a reasonable period, escalate to the Local Government and Social Care Ombudsman (not the Housing Ombudsman — that is for social housing). Visit www.lgo.org.uk.
Step 6: Seek legal advice Both private and social tenants can pursue landlords through the courts under the Homes (Fitness for Human Habitation) Act 2018. Many housing solicitors offer free initial advice, and you may be eligible for legal aid. Shelter's advice line — 0808 800 4444 — is free.
Awaab's Law is only useful if it is enforced — and enforcement requires awareness, record-keeping, and pressure.
A few things worth scrutinising:
How many damp and mould cases has Kingston Council received from its own housing stock? The council should be publishing this data. If it is not easily accessible, that is itself a concern.
Is Kingston's Environmental Health team adequately resourced? The council is navigating a projected four-year budget gap of £18 million. Enforcement teams are rarely first in line for new investment. A council that cannot staff its Environmental Health function cannot protect private tenants from Category 1 hazards.
What is the council's response time for private tenant complaints? There is no equivalent of Awaab's Law imposing timelines on local authority enforcement — but residents can and should demand that the council publishes its own service standards and actual performance against them.
If you have damp or mould in your Kingston home:
If you are a social tenant, Awaab's Law gives you legal timelines from October 2025. Hold your landlord to them.
If you are a private tenant, Kingston Council has a duty to act. If it does not, that duty can be enforced.
Enforcement of housing standards is a political choice as much as a legal one. Kingston has 48 councillors across 19 wards. They set priorities. They ask questions of officers. They can press the council to publish damp and mould data, resource its Environmental Health team, and be transparent about how it is performing against its obligations.
Use Council Clarity to message your local Kingston councillor directly. Tell them you want to know how many damp and mould cases the council has received, what its response times are, and how it plans to meet its obligations under Awaab's Law. It takes two minutes, and it creates a record that they have been asked.
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