The clock is ticking for London landlords. On 1 May 2026, Section 21 "no fault" evictions will be abolished across England, fundamentally changing the relationship between landlords and tenants. For landlords who have been putting off damp repairs or dismissing tenant complaints, this legislative shift creates urgent pressure to act now.
Under the current system, landlords can regain possession of their properties without giving a reason, provided they follow the correct procedures. This power dynamic has, whether intentionally or not, discouraged some tenants from complaining about property conditions including damp and mould. The fear of retaliatory eviction has kept many tenants silent, living with problems rather than risking their homes.
That dynamic is about to change completely. Once Section 21 goes, tenants will have security they have never had before. They will be able to complain about damp, report problems to environmental health, and demand repairs without the looming threat of a no fault eviction notice landing on their doormat. For landlords with unresolved damp issues, this means a wave of complaints, enforcement action, and potential compensation claims that have been suppressed for years.
This guide explains what the Section 21 abolition means for London landlords, why damp problems specifically will become a major focus, and what you should do in the months remaining before the change takes effect.
Table of Contents
What Is Section 21 and Why Is It Being Abolished?
The Renters' Rights Act 2025: Key Changes for Landlords
How Section 21 Has Suppressed Damp Complaints
What Happens After May 2026: The Complaint Surge
New Eviction Rules: Section 8 Grounds Explained
Why Damp Problems Cannot Be Ignored Under the New System
The Financial Risks of Unresolved Damp Issues
London Properties Most at Risk
What Landlords Should Do Before May 2026
How Professional Damp Surveys Protect Your Investment
FAQs
Conclusion
1. What Is Section 21 and Why Is It Being Abolished?
Section 21 of the Housing Act 1988 has been the cornerstone of landlord possession rights for nearly four decades. Introduced as part of the Thatcher government's housing reforms, it was designed to encourage private investment in the rental sector by giving landlords confidence that they could regain their properties when needed. The provision allows landlords to end an assured shorthold tenancy without providing any reason, simply by giving the tenant at least two months' written notice.
The Section 21 process, often called a "no fault" eviction, has been relatively straightforward for landlords. Serve a valid notice, wait for it to expire, and if the tenant does not leave, apply to the court for a possession order. Because no reason needs to be given, and the court must grant possession if the notice was valid, landlords have had a reliable mechanism for ending tenancies whenever they chose, subject to certain conditions being met.
For tenants, however, Section 21 has created profound insecurity. The knowledge that they can be asked to leave at any time, for any reason or no reason at all, has shaped how millions of people live in their homes. Tenants have been reluctant to complain about problems, reluctant to ask for repairs, reluctant to assert their rights, because doing so might prompt their landlord to simply end the tenancy rather than address the issue.
The government's decision to abolish Section 21 reflects recognition that this power imbalance has caused significant harm. The Renters' Rights Act 2025, which received Royal Assent on 27 October 2025, describes the current system as one where "a significant minority of tenants are forced to live in substandard properties for fear that a complaint would lead to an instant retaliatory eviction." The Act aims to create a private rented sector where tenants have genuine security and can challenge poor conditions without risking their homes.
The abolition also reflects the scale of the problem. Ministry of Justice figures show that Section 21 evictions reached record highs in recent years, with over 32,000 households taken to court by landlords using no fault notices in 2023 alone. Housing charities estimate that Section 21 evictions have been a leading cause of homelessness, with the threat of eviction affecting far more households than those who actually receive notices.
The political consensus behind abolition has been building for years. The Conservative government first promised to end Section 21 in 2019, though implementation was repeatedly delayed. Labour made the abolition a manifesto commitment and moved quickly after taking office. The Renters' Rights Act passed with cross party support, reflecting broad agreement that the current system is unsustainable.
For landlords, this change is not a punishment but a rebalancing. The government has been clear that legitimate landlord interests will be protected through reformed Section 8 possession grounds. Landlords will still be able to regain their properties when they have genuine reasons to do so. What they will lose is the ability to evict tenants without reason, and with it, the implicit power to discourage complaints through the threat of eviction.
2. The Renters' Rights Act 2025: Key Changes for Landlords
The Renters' Rights Act 2025 represents the most significant reform to the private rented sector in almost 40 years. Understanding its provisions is essential for landlords preparing for the new landscape. The Act's changes extend well beyond Section 21 abolition, creating a comprehensive new framework for landlord and tenant relationships.
Abolition of Section 21 No Fault Evictions
The headline change is the complete removal of Section 21 from the Housing Act 1988. From 1 May 2026, landlords will no longer be able to serve Section 21 notices to end tenancies. Any notices served before this date must have court proceedings issued by 31 July 2026 to remain valid. After that deadline, all pending Section 21 notices without issued proceedings become worthless.
This change applies to all assured shorthold tenancies simultaneously. Unlike the previous Conservative government's proposal, which would have abolished Section 21 for new tenancies first and existing tenancies later, the Labour government has implemented a "big bang" approach. On 1 May 2026, every private tenant in England gains protection from no fault eviction on the same day.
Transition to Periodic Tenancies
The Act abolishes fixed term assured shorthold tenancies entirely. All existing tenancies will convert to periodic tenancies on the commencement date, and all new tenancies signed after that date will be periodic from the start. This means tenancies will roll from month to month indefinitely, with no fixed end date.
For tenants, this provides genuine long term security. They can remain in their homes as long as they meet their obligations, without needing to negotiate tenancy renewals or worry about fixed terms expiring. For landlords, it means the end of using fixed term expiry as a mechanism to end tenancies. The only route to possession will be through Section 8 grounds.
Tenants can still end their tenancies by giving two months' notice at any time. This flexibility allows tenants to move when their circumstances change without being locked into fixed terms. Landlords cannot include terms in tenancy agreements that restrict this right.
Enhanced Section 8 Possession Grounds
To balance the removal of Section 21, the Act reforms and expands the grounds available under Section 8. Landlords will have clear routes to possession where there are legitimate reasons, including tenant fault grounds (rent arrears, antisocial behaviour, breach of tenancy) and landlord circumstance grounds (selling the property, moving in, or moving family in).
The rent arrears threshold for mandatory possession increases from two months to three months, providing more protection for tenants who fall into temporary financial difficulty. However, once the threshold is met, possession remains mandatory, ensuring landlords can act against persistent non payment.
New grounds allow landlords to regain possession to sell the property or to move themselves or family members in. These grounds cannot be used within the first 12 months of a tenancy, preventing their misuse to circumvent tenant protections. Landlords using these grounds must provide four months' notice and cannot relet the property for 12 months after possession, with penalties for false use.
12 Month Protected Period
Tenants gain a protected period at the start of each tenancy during which landlords cannot use the sale or moving in grounds for possession. This gives tenants stability when they move into a new home, knowing they cannot be displaced for at least a year regardless of the landlord's circumstances.
This protected period does not prevent eviction for tenant fault such as rent arrears or antisocial behaviour. Landlords retain the ability to act against problem tenants throughout the tenancy. What they lose is the ability to remove tenants who are meeting their obligations simply because the landlord's plans change.
Private Rented Sector Ombudsman
The Act establishes a new Private Rented Sector Ombudsman that all landlords must join by 2028. This ombudsman will provide tenants with a free route to resolve disputes without going to court, including complaints about property conditions, repairs, and landlord conduct.
For landlords, mandatory ombudsman membership means accountability for how they manage properties and respond to tenant concerns. Ombudsman determinations will be binding, and landlords who fail to comply will face penalties. The ombudsman will have powers to order compensation and require landlords to take specific actions.
Decent Homes Standard and Awaab's Law Extension
The Act provides the framework for applying the Decent Homes Standard to private rentals and extending Awaab's Law timeframes to private landlords. While these provisions will be implemented in later phases (expected around 2030), they are written into the legislation and will create additional obligations around property conditions and damp response.
3. How Section 21 Has Suppressed Damp Complaints
The relationship between Section 21 and tenant complaints about property conditions has been well documented by housing charities, researchers, and the government itself. Understanding this dynamic explains why the abolition will likely trigger a surge in damp and mould complaints that landlords need to prepare for.
The Fear of Retaliatory Eviction
Research by Shelter found that 46% of private renters who had complained about a problem in their home said their landlord had responded by threatening to evict them, actually evicting them, or increasing their rent. The Citizens Advice Bureau reported that renters who complain about repairs are significantly more likely to receive a Section 21 notice than those who do not complain.
This pattern creates a rational, if unfortunate, tenant response. When complaining about damp might result in losing your home, many tenants choose to live with the problem rather than risk the consequences. They buy dehumidifiers, clean mould repeatedly, and accept conditions that affect their health rather than triggering the eviction they fear.
The government's own analysis supporting the Renters' Rights Act acknowledged this dynamic explicitly. The impact assessment noted that tenants "are forced to live in substandard properties for fear that a complaint would lead to an instant retaliatory eviction." This finding was central to the justification for abolishing Section 21.
Existing Retaliatory Eviction Protections Have Failed
The Deregulation Act 2015 introduced some protections against retaliatory eviction. Section 21 notices can be invalid if served after a tenant has complained about repairs and the local authority has issued an improvement notice or taken emergency action. However, these protections have proven inadequate in practice.
The protections only apply after formal local authority involvement, meaning tenants who complain directly to their landlord without escalating to the council receive no protection. Many tenants are unaware of the protections or how to trigger them. Landlords can wait until improvement notices expire before serving Section 21 notices. The provisions create a complicated process that most tenants find difficult to navigate.
The result is that despite existing protections, the threat of Section 21 has continued to suppress tenant complaints. Tenants who might benefit from the retaliatory eviction defence often do not know about it, cannot access it in time, or simply do not want to go through the stress and uncertainty of challenging an eviction.
The Hidden Scale of Damp Problems
Because complaints have been suppressed, the true scale of damp and mould problems in the private rented sector is likely much larger than reported figures suggest. The English Housing Survey provides some indication, finding that 9% of private rented homes had damp problems in 2022 to 2023. However, this figure relies on self reporting and inspections that may not capture unreported issues.
Citizens Advice data suggests the problem is larger. Their research found that 2.7 million households, representing almost half of private renters, had experienced damp, mould, or excessive cold. This number includes many tenants who have not reported their issues to landlords, councils, or surveys because they feared the consequences.
The gap between reported and actual damp problems represents a backlog of issues that landlords will need to address. When Section 21 goes and tenants feel safe to complain, many will report problems they have endured silently for years. Landlords who assume their properties are fine because they have not received complaints may be in for an unpleasant surprise.
Tenant Awareness Is Increasing
Media coverage of housing conditions, particularly following Awaab Ishak's death and the subsequent legislation, has significantly increased tenant awareness of their rights and the health risks of damp and mould. Tenants today are more likely to understand that damp is not just an inconvenience but a serious health hazard, and that landlords have legal obligations to address it.
This awareness, combined with the removal of Section 21 threat, creates conditions for a substantial increase in tenant complaints and expectations. Tenants who previously accepted damp as a normal part of renting will increasingly demand that landlords take action. The combination of empowerment and awareness makes proactive landlord action essential.
4. What Happens After May 2026: The Complaint Surge
Landlords should anticipate a significant increase in tenant complaints about property conditions, including damp and mould, following the Section 21 abolition. Understanding what is likely to happen helps landlords prepare effectively.
Immediate Complaint Backlog
The most immediate effect will be tenants reporting problems they have been living with but not complaining about. Issues that tenants have tolerated for months or years because they feared the consequences of complaining will suddenly be reported. For landlords with damp problems in their properties, this means complaints arriving that reveal long standing issues.
This complaint backlog will not be evenly distributed. Properties with obvious problems, visible mould, or clearly inadequate conditions will generate complaints first. Properties where tenants have been particularly affected, such as those with children or health conditions exacerbated by damp, will see tenants who feel strongly motivated to finally seek resolution.
Landlords who have been responsive to complaints and maintained their properties well should see relatively little change. Those who have relied on tenant reluctance to complain, whether consciously or not, will face the accumulated consequences of deferred maintenance and unresolved issues.
Increased Environmental Health Referrals
When tenants feel safe to complain without risking eviction, they are also more likely to escalate complaints to local authority environmental health teams if landlords do not respond adequately. Currently, many tenants avoid involving councils because they fear provoking their landlord. After May 2026, this restraint will diminish.
Environmental health involvement triggers formal processes that are more costly and time consuming for landlords than voluntary repairs. Inspections using the Housing Health and Safety Rating System (HHSRS) can identify damp as a Category 1 hazard requiring mandatory enforcement action. Improvement notices compel specific works within set timeframes. Failure to comply can result in prosecution and financial penalties.
London councils, already dealing with significant housing enforcement workloads, may see increased demand for inspections and enforcement action. Response times could extend, prolonging disputes and potentially increasing tenant frustration. Landlords who resolve issues before council involvement will avoid these complications.
Ombudsman Complaints
Once the Private Rented Sector Ombudsman is operational (expected by 2028), tenants will have a new route for escalating complaints without going to court. The ombudsman will provide free, binding dispute resolution, making it easier for tenants to pursue complaints they might previously have dropped due to the cost and complexity of legal action.
Experience from the social housing sector, where the Housing Ombudsman has operated for years, suggests that ombudsman availability increases complaint volumes. Tenants who would not pursue court proceedings will use ombudsman services. Landlords should expect that more complaints will be pursued to formal resolution rather than being abandoned.
The ombudsman will have powers to order compensation, require repairs, and direct landlords to change practices. Published determinations will create reputational consequences alongside financial ones. Landlords found to have provided poor service or failed to address damp problems will face public accountability.
Legal Action and Compensation Claims
The combination of increased tenant confidence, improved enforcement infrastructure, and professional legal support will likely increase disrepair compensation claims against landlords. Solicitors specialising in housing disrepair already advertise extensively, often on a no win no fee basis. After Section 21 abolition, more tenants will pursue these options.
Compensation for damp and mould can be substantial. Awards typically include a percentage of rent for the period the tenant lived with the problem (commonly 25% to 50% for significant issues), compensation for damaged belongings, and damages for health impacts where these can be demonstrated. Severe cases involving prolonged exposure or serious health effects have resulted in awards exceeding £30,000.
For landlords with multiple properties or portfolios, the risk multiplies. Each property with unresolved damp issues represents potential exposure. A landlord with ten properties, three of which have unreported damp problems, faces three potential claims. Proactive remediation before complaints arrive is significantly cheaper than defending and settling multiple claims.
5. New Eviction Rules: Section 8 Grounds Explained
Understanding the reformed Section 8 framework is essential for landlords adapting to the post Section 21 landscape. While the focus of this guide is damp and property conditions, landlords need to understand their options for possession to see why relying on eviction rather than repairs is no longer viable.
Mandatory Grounds (Court Must Grant Possession)
Mandatory grounds require the court to grant possession if the landlord proves the ground is met. The tenant's circumstances, however sympathetic, cannot prevent eviction once a mandatory ground is established.
Ground 1 allows possession where the landlord requires the property for their own occupation or for occupation by a family member. This ground cannot be used in the first 12 months of a tenancy and requires four months' notice. Landlords who use this ground cannot relet the property for 12 months and face penalties for misuse.
Ground 1A is a new ground allowing possession where the landlord intends to sell the property. Similar restrictions apply: it cannot be used in the first 12 months, requires four months' notice, and landlords cannot relet for 12 months after possession. Penalties apply for false use.
Ground 8 covers serious rent arrears. The threshold increases from two months to three months' arrears, both when the notice is served and at the hearing. This higher threshold protects tenants experiencing temporary difficulties while still allowing landlords to act against persistent non payment.
Discretionary Grounds (Court Decides If Reasonable)
Discretionary grounds require the court to consider whether granting possession is reasonable, balancing landlord and tenant interests. Even if the ground is proven, the court may refuse possession if eviction would be unreasonable in the circumstances.
Ground 10 covers some rent arrears where the three month threshold for Ground 8 is not met. The court will consider the amount of arrears, the tenant's circumstances, and the likelihood of payment before deciding whether to grant possession.
Ground 12 covers breach of tenancy terms other than rent payment. This could include damage to the property, keeping pets where prohibited, or other violations. The court assesses the seriousness of the breach and whether eviction is proportionate.
Ground 14 covers antisocial behaviour by the tenant or visitors. This ground has been strengthened to help landlords address genuine problem tenants, but the court retains discretion about whether eviction is the appropriate remedy.
What This Means for Damp Disputes
Critically, there is no ground for possession that allows landlords to evict tenants simply for complaining about property conditions. Landlords cannot use Section 8 to remove tenants who report damp, request repairs, or escalate complaints to councils or the ombudsman.
The reformed system explicitly protects tenants who exercise their rights. Attempting to evict a tenant in response to complaints about damp would likely fail (no applicable ground) and could expose the landlord to claims of harassment or unlawful eviction. The power dynamic that allowed implicit threats of eviction to suppress complaints no longer exists.
This means landlords must address damp problems directly rather than relying on tenant reluctance to complain or using eviction as an alternative to repairs. The only sustainable approach is maintaining properties to appropriate standards and responding properly to legitimate complaints.
6. Why Damp Problems Cannot Be Ignored Under the New System
The combination of Section 21 abolition, enhanced enforcement mechanisms, and tenant empowerment creates a situation where ignoring damp problems is no longer a viable strategy. The risks of inaction now significantly outweigh the costs of remediation.
Tenants Will Complain
Without the Section 21 threat, tenants will report problems they have been tolerating. Properties that have appeared trouble free may suddenly generate complaints about issues that have existed for years. Landlords cannot assume that absence of complaints indicates absence of problems.
Tenant expectations are also changing. Media coverage of housing conditions, government messaging about tenant rights, and legal advertising have all raised awareness. Tenants increasingly understand that damp is a health hazard and that landlords have obligations to address it. The new generation of tenants is more likely to assert their rights than previous cohorts who accepted poor conditions as normal.
Enforcement Will Intensify
Local authorities are preparing for the Renters' Rights Act by expanding enforcement capacity and developing new approaches. Councils will have enhanced powers from 27 December 2025, before Section 21 even ends, including new investigatory powers and the ability to impose higher penalties.
The government has made housing enforcement a priority, with additional funding for councils and expectations of increased activity. Landlords who have previously escaped enforcement attention may find councils more proactive and tenants more willing to involve authorities.
The Ombudsman Creates New Accountability
Mandatory ombudsman membership and binding dispute resolution create accountability that did not previously exist. Tenants can pursue complaints without lawyers or court fees. Ombudsman findings are published, creating reputational consequences. Patterns of complaints against individual landlords will be visible.
The ombudsman model has driven improvement in social housing by creating consequences for poor practice. The same effect is expected in the private sector. Landlords who provide poor service or fail to maintain properties will face formal findings, compensation orders, and public records of their failures.
Compensation Exposure Grows Over Time
Every month that a damp problem persists increases the landlord's potential compensation exposure. Disrepair claims typically calculate damages based on the duration of the problem and its severity. A damp issue that costs £2,000 to fix but has persisted for three years might generate a compensation claim worth £5,000, £10,000, or more depending on the circumstances.
Addressing damp problems promptly limits this exposure. A landlord who fixes a problem within weeks of it being reported faces minimal compensation risk. One who ignores the problem for years faces claims that far exceed the cost of repairs. Financially, prompt action is almost always the better choice.
Awaab's Law Extension Looms
Although Awaab's Law does not currently apply to private landlords, its extension is written into the Renters' Rights Act and expected by 2030. When it applies, private landlords will face the same strict timeframes as social housing providers: 14 days to investigate, 7 days to commence repairs for significant hazards, 24 hours for emergencies.
Landlords who develop good practices now will be well positioned when these requirements extend. Those who continue ignoring damp until forced to act will face a difficult and expensive adjustment. The compliance infrastructure developed for voluntary improvement will serve mandatory compliance later.
7. The Financial Risks of Unresolved Damp Issues
Understanding the financial exposure from unresolved damp helps landlords make informed decisions about remediation investment. In almost every scenario, the costs of ignoring damp significantly exceed the costs of fixing it.
Direct Repair Costs
The cost of damp remediation varies enormously depending on the cause and extent of the problem. Simple condensation issues might be resolved with improved ventilation costing a few hundred pounds. Penetrating damp from failed pointing might require several thousand pounds for repointing and replastering. Rising damp requiring DPC work and replastering could cost £3,000 to £8,000 for a typical terrace. Basement waterproofing can run into tens of thousands.
These costs are the same whether the landlord acts proactively or waits until forced. However, acting proactively avoids the additional costs that accumulate when problems are ignored: tenant compensation, enforcement penalties, legal fees, and property damage from prolonged moisture exposure.
Compensation Awards
Compensation for damp and mould disrepair is typically calculated based on a percentage of the rent for the affected period. For moderate damp affecting part of a property, awards commonly range from 25% to 50% of rent. For severe damp affecting significant portions of the property or causing health impacts, awards can be higher.
Consider a London flat rented at £1,500 per month where damp has affected the main bedroom for two years. A 40% award for that period would be £14,400 in general damages alone. Add compensation for damaged belongings, potential health impact damages, and legal costs, and the total exposure could exceed £20,000, far more than the cost of fixing the underlying problem.
The Housing Ombudsman has ordered awards exceeding £30,000 in severe social housing cases. Similar awards are possible in private sector disrepair claims through the courts. Landlords with serious long standing damp issues face five figure exposure per affected property.
Enforcement Penalties
Local authority enforcement carries significant financial penalties. Civil penalties for housing offences can reach £30,000 per offence. Prosecution through the courts can result in unlimited fines. Repeated or serious offences can result in banning orders preventing landlords from letting properties.
Rent repayment orders allow tenants to recover up to 24 months' rent where landlords have committed specified offences. The Renters' Rights Act adds new offences and extends the recovery period from 12 to 24 months. A tenant in a London flat paying £1,800 per month could potentially recover up to £43,200 through a rent repayment order.
Legal and Administrative Costs
Defending enforcement action, ombudsman complaints, or disrepair claims generates significant costs even where the landlord ultimately prevails. Solicitor fees, surveyor reports, time spent dealing with proceedings, and the stress of legal disputes all represent costs that proactive maintenance would avoid.
For landlords managing multiple properties, these costs multiply. A portfolio landlord facing three simultaneous disrepair claims and an enforcement action could easily spend £30,000 to £50,000 on legal and professional fees alone, regardless of the outcome.
Property Damage and Value Impact
Damp that is left untreated causes progressive damage to property fabric. Timber decay, plaster degradation, structural damage, and mould penetration all worsen over time. The cost of remediation increases as damage progresses. A problem that could have been fixed for £2,000 two years ago might cost £8,000 today because the underlying damage has extended.
Severe or persistent damp problems also affect property values. Properties with known damp histories or ongoing issues sell for less than equivalent properties without such problems. Mortgage lenders may require remediation before lending, delaying sales and reducing the pool of potential buyers. The long term financial impact of unresolved damp extends beyond immediate repair costs.
8. London Properties Most at Risk
Certain property types common in London are more vulnerable to damp problems and therefore present higher risk for landlords in the post Section 21 environment. Understanding which properties need attention helps landlords prioritise their preparation efforts.
Victorian and Edwardian Terraces
Properties built before 1919 make up a significant proportion of London's rental stock. These solid wall constructions were designed to manage moisture through breathability, using lime mortar, lime plaster, and natural ventilation. When these systems are compromised by modern materials or modifications, damp problems follow.
Common issues include cement pointing trapping moisture in walls, gypsum plaster preventing moisture evaporation, blocked chimneys reducing ventilation, and raised ground levels bridging damp proof courses. Many Victorian properties have had multiple unsympathetic modifications over the decades, each potentially contributing to damp problems.
Landlords with Victorian or Edwardian properties should prioritise damp assessment, particularly where cement pointing, render, or other impermeable materials have been applied. Understanding the building's original moisture management approach helps identify where it has been compromised.
Converted Flats
Large houses converted into multiple flats present particular challenges. Responsibility for different building elements is often split between freeholders, leaseholders, and managing agents. Damp problems in one flat may originate from defects in areas controlled by other parties. Resolving these issues requires coordination that can be difficult to achieve.
Conversions also often compromise original ventilation arrangements. Rooms designed for one household with open fires and drafty windows now house multiple households with sealed windows and blocked chimneys. Bathrooms and kitchens created in spaces not originally designed for them may lack adequate ventilation.
Landlords of converted flats should understand who is responsible for different building elements and ensure appropriate maintenance arrangements are in place. Lease terms and management agreements should be reviewed to clarify obligations and ensure that necessary works can be undertaken.
Basement and Lower Ground Floor Properties
Below ground accommodation is inherently more vulnerable to damp. Contact with the ground on multiple surfaces, limited natural light and ventilation, and reliance on waterproofing systems that can fail all contribute to higher damp risk.
London's clay soil creates additional challenges. Clay expands when wet and contracts when dry, placing stress on basement structures and potentially creating pathways for water ingress. High water tables in some areas add hydrostatic pressure. Properties that were adequately waterproofed when built may develop problems as systems age.
Landlords with basement or lower ground floor units should be particularly vigilant about damp monitoring. Regular inspection, tenant education about ventilation, and prompt investigation of any reported issues are essential. Properties with existing damp problems or histories of water ingress warrant professional assessment.
Properties with Flat Roofs
Flat roofs on rear extensions, bay windows, and purpose built blocks have limited lifespans and require regular maintenance. Failed flat roofs are a common source of penetrating damp, with water entering the building fabric and causing damage that may only become apparent internally long after the roof starts failing.
London's Victorian and Edwardian properties often have small flat roofs over bay windows or single storey rear additions. These roofs typically have 15 to 25 year lifespans depending on materials and installation quality. Properties where flat roofs have not been replaced or recovered within these periods warrant inspection.
Bay window flat roofs present particular risks because they are often inaccessible for routine inspection and may be hidden from view. Water ingress can cause significant hidden damage, including decay of structural timbers, before becoming visible internally.
9. What Landlords Should Do Before May 2026
The months remaining before Section 21 abolition provide an opportunity for landlords to prepare their properties and processes. Those who use this time effectively will be well positioned for the new regulatory environment. Those who do not may face difficult and expensive consequences.
Conduct Portfolio Wide Damp Assessment
Every property should be assessed for current or potential damp problems. This means physical inspection of each unit, not relying on absence of tenant complaints. Look for visible signs of damp including staining, mould growth, peeling paint or wallpaper, salt deposits, and musty smells. Check external fabric for defects that could allow water ingress.
For properties with risk factors (Victorian construction, basement location, flat roofs, previous damp history), consider professional survey. A specialist damp survey provides accurate diagnosis and identifies problems that visual inspection might miss. The investment in proper assessment is far less than the cost of undetected problems becoming expensive disputes.
Document what you find. Photographs, survey reports, and written records create evidence of the property's condition. This documentation protects you if disputes arise later about when problems developed or what condition the property was in at particular times.
Address Identified Problems Now
Where assessment reveals damp problems, fix them now rather than waiting for complaints. Proactive remediation is almost always cheaper than reactive response after complaints, enforcement, or claims. It also builds tenant goodwill and demonstrates the responsible landlord practices that will be essential in the new environment.
Prioritise based on severity and risk. Serious damp affecting habitation or health should be addressed immediately. Moderate problems should be scheduled for prompt attention. Minor issues should be planned into maintenance programmes.
Consider the root cause, not just the symptoms. Repainting over mould without addressing why condensation occurs will result in recurrence. Injecting damp proof courses without investigating whether the original DPC has actually failed wastes money on unnecessary treatment. Proper diagnosis enables effective remediation.
Improve Ventilation and Heating
Many damp problems, particularly condensation, relate to inadequate ventilation or heating. Properties that were adequately ventilated for their original use may be inadequate for current occupancy levels and lifestyles. Reviewing and improving ventilation is often the most cost effective damp prevention investment.
Ensure extractor fans are installed in bathrooms and kitchens, are functional, and are appropriately specified for the room size. Check that trickle vents in windows are present and not sealed shut. Consider whether additional ventilation is needed, particularly in properties with high occupancy or where previous natural ventilation (chimneys, drafty windows) has been removed.
Heating systems should be adequate to maintain reasonable temperatures throughout the property. Cold surfaces cause condensation. Properties where heating is expensive to run, difficult to control, or insufficient for the space will have condensation problems regardless of tenant behaviour.
Establish Responsive Maintenance Processes
Develop systems to ensure tenant complaints about damp are handled promptly and effectively. Every complaint should be acknowledged quickly, investigated properly, and resolved within reasonable timeframes. Documentation of each stage protects you if disputes arise.
Consider who will handle complaints, how quickly you can access contractors for investigation and repairs, and what escalation procedures exist for serious issues. Properties managed by agents should have clear agreements about damp response, including authority levels for commissioning work.
Build relationships with qualified damp specialists who can provide rapid response when needed. Having established contractor relationships means you can act quickly when problems are identified rather than spending precious time finding appropriate tradespeople.
Review Tenancy Documentation and Communication
Ensure your tenancy agreements and tenant communications reflect good practice around property conditions. Agreements should clearly state landlord responsibilities for structure and exterior, and tenant obligations around reasonable property use including ventilation. Welcome letters or tenant guides should explain how heating and ventilation systems work.
Communication about damp should never blame tenant lifestyle without proper investigation. If you believe tenant behaviour is contributing to condensation, address this through education and support rather than accusations. Provide clear guidance on property use and ensure tenants understand how to report problems.
10. How Professional Damp Surveys Protect Your Investment
Professional damp surveys provide value at multiple stages of landlord preparation and response. Understanding when and why to commission professional assessment helps landlords use this resource effectively.
Accurate Diagnosis Prevents Wasted Expenditure
The damp industry has a poor reputation for misdiagnosis, particularly over diagnosis of rising damp leading to unnecessary chemical injection treatments. A professional survey from an independent specialist provides accurate diagnosis unclouded by commercial interest in particular treatments.
Different damp types require different treatments. Rising damp needs DPC work. Penetrating damp needs external fabric repairs. Condensation needs ventilation improvement. Applying the wrong treatment wastes money and leaves the actual problem unresolved. Accurate diagnosis ensures money is spent on effective remediation.
Professional surveyors use appropriate equipment including moisture meters, thermal imaging, and salt analysis to distinguish between damp types. They understand building construction and can identify how moisture is entering and moving through the building fabric. This expertise delivers accurate diagnosis that guides effective treatment.
Evidence for Dispute Resolution
Survey reports create documented evidence of property condition, damp type and cause, and recommended remediation. This evidence is valuable if disputes arise with tenants, enforcement authorities, or the ombudsman.
A professional report demonstrating that alleged rising damp is actually condensation caused by inadequate tenant ventilation protects the landlord against claims based on misdiagnosis. A report identifying the actual cause of damp demonstrates proper investigation and supports the landlord's remediation approach.
If disputes proceed to ombudsman determination or court, professional survey evidence carries significant weight. Reports from qualified surveyors are more credible than landlord assertions or contractor opinions. Investment in proper survey provides evidence that supports your position in formal proceedings.
Compliance with Investigation Requirements
Although Awaab's Law does not currently apply to private landlords, its extension is expected and landlords should be developing compliant practices now. The 14 day investigation requirement demands substantive assessment of reported damp problems, not cursory inspection.
For complex cases, professional survey will be necessary to meet investigation standards. Establishing relationships with surveyors now, understanding their availability and response times, and developing processes for commissioning surveys when needed positions landlords for compliance when requirements extend.
Even before mandatory requirements, demonstrating professional investigation through qualified survey shows good practice that protects against enforcement action and supports defence against claims. Doing what good landlords should do, even when not legally required, creates evidence of responsible management.
Pre Purchase and Pre Letting Assessment
Landlords acquiring new properties should commission damp survey as part of due diligence. Standard homebuyer reports and even building surveys often provide limited damp assessment. Properties acquired with undetected damp problems become expensive problems when tenants move in and complain.
Before letting properties, particularly those that have been vacant or undergone refurbishment, damp survey confirms the property is in appropriate condition. Identifying and resolving any issues before tenants occupy prevents disputes and ensures the tenancy starts positively.
For properties with damp histories or risk factors, periodic survey provides ongoing monitoring. Annual or biennial professional assessment identifies developing problems before they become serious, enabling proactive intervention rather than reactive crisis management.
11. FAQs
Can I still evict tenants after Section 21 ends?
Yes, but only using Section 8 grounds with specific reasons. You can evict for tenant fault (rent arrears over three months, antisocial behaviour, breach of tenancy terms) or landlord circumstances (selling the property, moving in yourself or moving family in). Landlord circumstance grounds cannot be used in the first 12 months and require four months' notice. You cannot evict tenants simply for complaining about damp or requesting repairs, as there is no ground that permits this.
What happens to Section 21 notices I have already served?
Section 21 notices served before 1 May 2026 remain valid only if you issue court proceedings by 31 July 2026. After that deadline, any Section 21 notice without issued proceedings becomes invalid regardless of when it was served. If you have served notices and intend to rely on them, you must act before this deadline. After 31 July 2026, Section 21 is completely unavailable.
Will councils really enforce more actively after Section 21 ends?
Evidence suggests yes. Councils have been preparing for increased enforcement activity, and the government has signaled expectations of greater action. New investigatory powers take effect from 27 December 2025, before Section 21 ends. Higher penalties and expanded enforcement tools make action more attractive for councils. Tenants feeling safer to complain will generate more referrals for councils to act on.
How much notice do tenants have to give to leave?
Tenants can end periodic tenancies by giving two months' notice at any time. This is unchanged from current periodic tenancy rules. What changes is that all tenancies become periodic, so tenants always have this flexibility. Landlords cannot restrict this right through tenancy terms.
What if my tenant has been causing the damp through their behaviour?
You must still investigate properly before reaching this conclusion. If investigation genuinely establishes that the property has adequate ventilation, heating, and insulation, and that tenant behaviour is the primary cause, you can communicate this with advice about property use. However, properties must be realistically usable without exceptional behaviour modification. You cannot expect tenants to keep windows open in winter or refrain from cooking to prevent condensation. If the property requires unreasonable tenant behaviour to avoid damp, the property is inadequate, not the tenant.
Should I sell my rental properties before Section 21 ends?
This is a business decision depending on your circumstances, not a legal question. Many landlords are selling, contributing to reduced rental supply. However, the rental market remains profitable for landlords who maintain properties properly and manage tenancies professionally. Section 21 abolition removes a tool that allowed poor practices; it does not prevent responsible landlording. If your business model depends on being able to evict tenants who complain about conditions, that model is indeed ending. If your model involves providing decent homes at fair rents to tenants who pay and respect the property, Section 21 abolition should not fundamentally affect your business.
When will Awaab's Law apply to private landlords?
The Renters' Rights Act provides the framework for extending Awaab's Law to private landlords, with implementation expected around 2030. The exact date will be confirmed through secondary legislation. Private landlords should use the intervening period to develop compliant practices, as the extension is certain even if the precise timing is not.
12. Conclusion
The abolition of Section 21 on 1 May 2026 represents a fundamental shift in landlord and tenant relations. For decades, the threat of no fault eviction has shaped how tenants live in their homes and whether they feel able to complain about problems. That era is ending.
For landlords with well maintained properties and responsive management practices, Section 21 abolition need not be a crisis. The reformed Section 8 grounds provide clear routes to possession where there are legitimate reasons. Responsible landlords who address problems promptly and treat tenants fairly will continue to operate successful rental businesses.
For landlords who have relied, consciously or not, on tenant reluctance to complain, the change requires urgent attention. Properties with unaddressed damp problems, deferred maintenance, or inadequate conditions face a surge of complaints once tenants feel safe to speak up. The accumulated consequences of years of suppressed complaints will arrive quickly.
The financial logic is clear. Addressing damp problems now costs a fraction of defending enforcement action, ombudsman complaints, and compensation claims later. Every month that problems persist increases exposure. Investment in remediation and proper maintenance is investment in risk reduction.
London landlords face particular challenges given the age and nature of much of the housing stock. Victorian and Edwardian properties, converted flats, basement units, and buildings with complex ownership arrangements all present elevated damp risks. Understanding these vulnerabilities and acting to address them is essential preparation.
The months remaining before May 2026 provide an opportunity that will not last. Landlords who conduct portfolio assessments, address identified problems, establish responsive processes, and build relationships with qualified professionals will be ready for the new environment. Those who wait until complaints arrive will face difficult, expensive, and stressful consequences.
Henderson Wood provides RICS compliant damp surveys across all London boroughs, helping landlords understand the condition of their properties and identify issues requiring attention. Our surveys provide accurate diagnosis of damp problems, clear identification of causes, and practical recommendations for remediation. Whether you are assessing your portfolio ahead of regulatory changes or responding to tenant complaints, we deliver the professional investigation that protects your investment and demonstrates responsible property management.
The transition to a post Section 21 rental market is happening. The question for landlords is whether they will be prepared.