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Renters' Rights Act 2025: How New Tenant Protections Affect Damp Disputes in London

Renters' Rights Act 2025: How New Tenant Protections Affect Damp Disputes in London
Jaydon Curtis
20 August 2025

The Biggest Shake-Up in Renting for a Generation

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025 and represents the most significant reform to the private rented sector in decades. For the 11 million renters in England, it promises stronger rights, better protections, and more security.

For London landlords, it changes everything about how you manage tenancies, handle disputes, and respond to complaints about property conditions, including damp and mould.

The key reforms begin on 1 May 2026, with further changes rolling out through 2027 and beyond. If you're a landlord in London, now is the time to understand what's coming and prepare your properties and processes accordingly.

What Is the Renters' Rights Act 2025?

The Renters' Rights Act introduces sweeping changes designed to rebalance the relationship between landlords and tenants. The government's position is clear: while most landlords provide a good service, the private rented sector currently offers the least affordable, poorest quality, and most insecure housing of any tenure.

The Act aims to fix this by:

Abolishing Section 21 "no-fault" evictions

Ending fixed-term tenancies and moving to rolling periodic contracts

Limiting rent increases to once per year

Banning rental bidding wars

Introducing a Decent Homes Standard for private rentals

Extending Awaab's Law to the private rented sector

Creating a mandatory landlord register and ombudsman service

Strengthening anti-discrimination protections for tenants

For damp disputes specifically, the combination of these reforms fundamentally shifts the balance of power. Tenants will have more confidence to report problems, more protection against retaliation, and more routes to hold landlords accountable.

The Implementation Timeline

The Act is being rolled out in three phases:

Phase 1 (1 May 2026)

Section 21 "no-fault" evictions abolished

All tenancies become rolling periodic contracts

New possession grounds under Section 8 take effect

Rent increases limited to once per year via statutory procedure

Rental bidding banned

Anti-discrimination measures in force

Pet request rights introduced

Phase 2 (Late 2026 to 2028)

Private Rented Sector Database rolled out regionally

Mandatory landlord registration introduced

Private Rented Sector Ombudsman established

All landlords required to join the ombudsman scheme by 2028

Phase 3 (2030 onwards)

Decent Homes Standard applied to private rentals

Awaab's Law extended to private landlords

Minimum EPC rating of C required for all tenancies

Why This Matters for Damp Disputes

The Renters' Rights Act doesn't just change eviction rules. It transforms the entire dynamic around property condition disputes, including damp and mould complaints. Here's how:

The End of Retaliatory Evictions

Under the current system, many tenants are afraid to report damp problems. Citizens Advice found that 37% of renters who experienced damp, mould, or cold never complained to their landlord. Of those, 51% cited fear of retaliation, including eviction or rent increases, as the reason.

From 1 May 2026, Section 21 "no-fault" evictions will no longer exist. Landlords will only be able to seek possession using specific grounds under Section 8, such as rent arrears, antisocial behaviour, or the landlord needing to sell or move in.

This means tenants can report damp issues without fearing an arbitrary eviction notice in response. Expect complaints to increase significantly once this protection takes effect.

Rolling Tenancies Give Tenants More Security

Fixed-term tenancies will be abolished. All tenancies will become periodic, rolling from month to month with no end date. Tenants can leave with two months' notice, but landlords cannot simply wait for a fixed term to expire and refuse to renew.

For tenants living with damp problems, this is significant. Previously, a landlord could simply decline to offer a new tenancy at the end of the fixed term if a tenant had complained about property conditions. That option disappears under the new rules.

The Decent Homes Standard Comes to Private Rentals

For the first time, private rented properties will need to meet a Decent Homes Standard. While the exact requirements are still subject to consultation, the standard will require properties to be:

Free from serious health and safety hazards

In a reasonable state of repair

With adequate kitchen and bathroom facilities

Providing a reasonable degree of thermal comfort

Damp and mould that create health hazards will clearly fall within the scope of this standard. Local councils will have enforcement powers to take action against landlords whose properties fail to meet the requirements.

Awaab's Law Will Apply to Private Landlords

Awaab's Law, which came into force for social landlords in October 2025, sets strict timeframes for investigating and fixing damp and mould. The government has confirmed this will extend to private landlords, with implementation expected during Phase 3 (2030 onwards), though the exact timescales are subject to consultation.

When it applies, private landlords will face the same legal deadlines as social housing providers:

14 days to investigate reported damp or mould

3 working days to provide written findings to the tenant

7 working days to begin repairs for significant hazards

24 hours to address emergency hazards

Alternative accommodation required if the property cannot be made safe in time

Failure to comply will allow tenants to take landlords to court for breach of contract, with potential compensation orders and enforcement action.

A New Ombudsman for Private Tenants

Currently, private tenants have limited options when landlords ignore damp complaints. They can contact the local council or take legal action, but there's no equivalent to the Housing Ombudsman that serves social housing tenants.

The Renters' Rights Act creates a new Private Rented Sector Ombudsman. All landlords will be required to join by 2028. This gives tenants a free, accessible route to escalate complaints about damp and other property condition issues without going to court.

The ombudsman will be able to investigate complaints, make findings against landlords, and order remedies including compensation. For landlords, this means another layer of accountability and another reason to address damp issues promptly.

Stronger Enforcement Powers for Councils

From 27 December 2025, local councils gain new investigatory powers under the Act. They will have stronger abilities to inspect properties, demand documents, and access third-party data to crack down on rogue landlords.

If a tenant reports damp problems to their local council, environmental health officers will have more tools to investigate and enforce. Councils can already take action under the Housing Health and Safety Rating System (HHSRS), but the new powers make enforcement easier and more effective.

What London Landlords Should Do Now

The message is clear: the days of ignoring damp complaints or relying on Section 21 to remove difficult tenants are over. Landlords who want to succeed in the new regulatory environment need to take property conditions seriously.

Audit Your Properties Before May 2026

Go through every property in your portfolio and assess its condition. Look specifically for:

Signs of damp, condensation, or mould

Ventilation issues in kitchens and bathrooms

Heating systems that work properly and efficiently

Insulation and thermal performance

Any outstanding repairs or maintenance

Address problems now, before the new rules take effect and before tenants feel empowered to complain.

Commission Professional Damp Surveys

If you have any doubt about whether a property has damp issues, get it professionally surveyed. A proper damp survey identifies:

The type of damp (rising, penetrating, or condensation)

The root cause of the problem

Recommended remediation works

Evidence you can use to demonstrate you've taken the issue seriously

This protects you legally and ensures repairs actually fix the problem rather than just covering it up.

Fix Problems Properly

Superficial fixes like painting over mould or running a dehumidifier don't address root causes. When Awaab's Law extends to private landlords, you'll be legally required to fix the underlying problem, not just treat the symptoms.

Invest in proper repairs now. Replace failed DPCs, fix pointing and rendering, improve ventilation, address thermal bridging. These investments protect your property value and reduce your legal exposure.

Review Your Response Processes

How quickly do you currently respond to tenant complaints about damp? Map out your process from initial report to completed repair. Identify delays and bottlenecks.

Under the new regime, you'll need to:

Acknowledge complaints promptly

Investigate within clear timeframes

Provide written findings to tenants

Complete repairs quickly

Document everything

Start building these habits now so you're ready when the legal requirements kick in.

Prepare for the Ombudsman

By 2028, you'll need to be registered with the Private Rented Sector Ombudsman. This means having proper complaint handling procedures, keeping records of all tenant communications, and being prepared to justify your actions if a complaint is escalated.

Landlords with a track record of ignoring damp complaints or delaying repairs will find themselves on the wrong end of ombudsman findings. Start building a positive track record now.

Understand the New Possession Grounds

Without Section 21, you'll need to rely on Section 8 grounds to regain possession. Key changes include:

The rent arrears threshold increases from 2 months to 3 months

New grounds allow possession for sale or landlord occupation, but not in the first 12 months of a tenancy

Notice periods are generally doubling (from 2 weeks to 4 weeks for most grounds)

You cannot use sale or occupation grounds as retaliation for tenant complaints

If you're considering ending a tenancy, make sure you understand the new rules and have proper grounds. Trying to evict a tenant who has complained about damp will be much harder and riskier under the new system.

How Tenants Can Use the New Protections

If you're a tenant in London dealing with damp problems, the Renters' Rights Act gives you significantly stronger protections:

Report Problems in Writing

Always report damp issues to your landlord in writing (email is fine). Keep copies of all correspondence. This creates a paper trail that's essential if you need to escalate the complaint later.

You Cannot Be Evicted for Complaining

From 1 May 2026, your landlord cannot serve a Section 21 notice at all. They can only seek possession for specific reasons under Section 8, and retaliating against a tenant for reporting property condition issues is not a valid ground.

Contact Your Local Council

If your landlord doesn't address damp problems, contact your local council's environmental health team. They can inspect the property and take enforcement action if they find hazards. From late 2025, councils have stronger powers to investigate.

Use the Ombudsman

Once the Private Rented Sector Ombudsman is established (expected 2028), you'll be able to escalate unresolved complaints without going to court. The ombudsman can order your landlord to carry out repairs and pay compensation.

Seek Legal Advice

If damp is affecting your health or making your home unfit to live in, you may have grounds for legal action even under current laws. The Homes (Fitness for Human Habitation) Act 2018 already requires landlords to keep properties safe and healthy. A solicitor can advise on your options.

FAQs: Renters' Rights Act and Damp Disputes

When does Section 21 abolition take effect?

Section 21 "no-fault" evictions will be abolished from 1 May 2026. From that date, landlords can only seek possession using specific grounds under Section 8. Any Section 21 notice must be served before 1 May 2026 to remain valid, and court proceedings must be started by 31 July 2026.

When will Awaab's Law apply to private landlords?

The government has committed to extending Awaab's Law to the private rented sector but the exact implementation date is still subject to consultation. Current expectations are that it will form part of Phase 3, from 2030 onwards. However, private landlords should prepare now as the direction of travel is clear.

What is the Decent Homes Standard?

The Decent Homes Standard sets minimum requirements for property conditions. It currently applies to social housing and will be extended to private rentals under the Renters' Rights Act. Properties must be free from serious hazards, in reasonable repair, and provide adequate facilities and thermal comfort. Damp and mould that create health risks would fail this standard.

Can my landlord still evict me if I complain about damp?

From 1 May 2026, your landlord cannot use Section 21 to evict you without reason. They can only seek possession under Section 8 grounds, which require specific justification such as rent arrears or the landlord needing to sell. Retaliating against a tenant for reporting property issues is not a valid ground for possession.

What should I do if my landlord ignores my damp complaint?

Report the issue in writing and keep records. If your landlord doesn't respond, contact your local council's environmental health team. They can inspect and take enforcement action. Once the Private Rented Sector Ombudsman is established, you'll also be able to escalate complaints there. In serious cases, seek legal advice about your options under current housing law.

The Bottom Line for London Landlords

The Renters' Rights Act 2025 fundamentally changes the landscape for private landlords. Tenants will have more security, more protections, and more confidence to report problems like damp and mould.

Landlords who ignore property condition issues, delay repairs, or try to retaliate against complaining tenants will find themselves exposed to enforcement action, ombudsman complaints, and legal claims.

The smart approach is to get ahead of these changes. Audit your properties now, fix damp problems properly, and build processes that demonstrate you take tenant complaints seriously. A professional damp survey is the first step to understanding what issues exist and how to address them.

Henderson Wood provides expert, RICS-compliant damp surveys across all London boroughs. Our independent reports help landlords identify problems, plan remediation, and build the documentation needed to demonstrate compliance with the new regulatory requirements.

Whether you're preparing for the Renters' Rights Act, responding to a tenant complaint, or simply want to understand the condition of your properties, we're here to help.

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