The 2018 Act inserted ss.9A–9C into the Landlord and Tenant Act 1985. It implies a term that the dwelling is fit for human habitation at the start of and throughout the tenancy. It is wider than s.11 because it does not require physical disrepair - a Category 1 HHSRS hazard such as serious damp and mould can render a property unfit even where the structure itself is intact.
What does section 11 of the Landlord and Tenant Act 1985 cover?
Section 11 implies a repairing covenant into most tenancies of under 7 years. The landlord must keep in repair the structure and exterior of the dwelling and keep in repair and proper working order the installations for water, gas, electricity, sanitation, space heating and water heating. Liability for defects inside the demise generally only arises once the landlord has notice and has had a reasonable time to repair.
How do you argue a damp and mould claim where the landlord blames condensation?
Argue cause first - penetrating or rising damp, failed roof, defective windows or inadequate insulation are structural or installation defects within s.11. Where the landlord blames the tenant's lifestyle, counter that inadequate heating, ventilation and insulation make the property unfit under s.9A regardless of behaviour. Awaab's Law timescales are useful evidence of what counts as a reasonable response time.
What is Awaab's Law and when does it apply?
Awaab's Law sets strict statutory timescales for landlords to investigate and fix prescribed hazards such as damp and mould. It came into force for social housing on 27 October 2025 and will be extended to the private rented sector by regulation under the Renters' Rights Act 2025. It is highly persuasive when arguing what a reasonable repair window should be.
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