Support for Tenants
damp-and-mould · 19/05/2026

Early Warning Signs Your Landlord Should Not Ignore (Damp, Mould and Hazards)

In short

Landlords are expected to act on the early warning signs of damp, mould and other hazards, not wait for a formal complaint. Here are the signs, and how spotting them in your case strengthens a claim.

On this page

Direct answer

Social landlords are increasingly expected to act on the "early warning signs" of damp, mould, and other hazards, rather than waiting for a formal complaint to trigger their statutory duties. A 2026 review of the most serious housing failures set this out clearly, ahead of Phase 2 of Awaab's Law later in the year. For tenants, the value is a clear checklist of the warning signs a landlord should spot, which strengthens your case when those signs were obvious and the landlord did nothing.

What the report covers

The review pulls patterns out of the cases upheld at the most serious failure level. The early-2026 hazards edition focuses on:

  • Identification of hazards
  • Categorisation of hazards (emergency vs significant)
  • Investigation procedures
  • Completion of remedial works
  • Communication with tenants throughout

The thread running through it: landlords need to act on early warning signs, not just on formal complaints.

What counts as an early warning sign

These are the patterns every social landlord is now expected to recognise. They matter because a landlord that ignored obvious signs, even before you made a formal report, is on weaker ground and your case is on stronger ground.

Repeated repair calls on the same property. A pattern of three or more contractor visits for the same room or installation, especially damp or mould, is itself an early warning sign. The landlord is expected to escalate to a proper survey, not keep sending the same handyman.

A complaint trail across multiple stages. Where the tenant has used the landlord's complaints procedure repeatedly over a year or more on the same issue, that recurrence is the warning. The landlord cannot reasonably claim it was a surprise when the tenant eventually triggers an Awaab's Law-style claim.

Visible health impact mentioned by the tenant. Where a tenant has mentioned a child's cough, an elderly resident's chest condition, asthma worsening, or any other health context in a previous report, the landlord is on notice. From that point, a higher standard of response is expected.

Stock-condition data the landlord already holds. Many social landlords run stock-condition surveys every five years or so. If a property is flagged in stock-condition data as having damp risk, the landlord cannot reasonably ignore a later damp complaint as if it were unexpected.

Patterns across similar properties in the same block. Where multiple flats in the same block report similar damp or mould issues, the landlord is expected to investigate the building-level cause, not just respond flat by flat. Failure to do so is repeatedly cited in the most serious failure findings.

Vulnerability disclosed at any point. Landlords are expected to record tenant vulnerabilities (older residents, disabled residents, residents with mental-health conditions, families with young children) on the case file and use that to upgrade categorisation. A hazard that would be "significant" for an able-bodied adult can be "emergency" for a vulnerable tenant.

What this means for your case

If you can show that one or more of these early warning signs was present in your case and your landlord ignored them, you have additional evidence that strengthens your case for a claim.

Pull the call and email log. If you have asked for repairs on the same room repeatedly, write to the landlord requesting their full record of those contacts. They are legally required to release it on a subject access request under data-protection law.

Mention vulnerabilities in your first report. If anyone in your household has a relevant health condition, age, or disability, say so in the written report. The landlord then has to consider whether the hazard is more serious for your household than it would be for an average adult.

Use the building-level argument. If you know neighbours in the same block have similar damp or mould problems, mention this in your written report. The landlord then has notice of the building-level pattern.

How this interacts with Phase 2 of Awaab's Law

The hazards report explicitly positions itself ahead of Phase 2, which extends Section 10A LTA 1985 to:

  • Excess cold (chronic heating failures)
  • Excess heat
  • Fire safety
  • Hygiene hazards (active pest infestations, waste)
  • Structural collapse

The same early-warning-sign approach is expected to apply to these new categories from Phase 2 commencement. A landlord with three previous heating-breakdown call-outs at the same property cannot reasonably treat the fourth as a fresh and surprising emergency.

What to do this week

  1. Audit your own paper trail. Pull every email, text, complaint reference number, and contractor receipt for your case. Put them in date order.
  2. Identify the early warning signs in your case. Use the list above. Note which warning signs were present and when.
  3. Send a single written reminder to the landlord noting the early warning signs and asking them to confirm their response in writing.
  4. Save the response (or non-response) as evidence.
  5. If the response is inadequate, get your case checked. Call us and we will tell you honestly whether the evidence supports a claim.

Where Support for Tenants fits

We assess cases for free on a 25-minute call. The early-warning-signs evidence above is exactly the material a panel solicitor looks for when deciding whether to take a case on no-win-no-fee terms. If your evidence pack is strong, the claim is straightforward to bring. If it is weaker, we will tell you what to gather first before coming back.

Read about Awaab's Law | Free call: 0800 030 4669

Sources: Learning from severe maladministration, hazards, Housing Ombudsman Service.

Support For Tenants is a trading name of Cyntex Group Ltd, authorised and regulated by the Financial Conduct Authority as a Claims Management Company. FRN 1020217. Registered in England and Wales.

By: Support for Tenants

Published:

Last updated:

~4 min read

Reviewed against current housing law for England and Wales as at 24 May 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.

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