UK law places clear and non-negotiable duties on social housing landlords to keep homes safe, habitable and free from hazards that put residents’ health at risk. From the HHSRS framework under the Housing Act 2004 to the Homes (Fitness for Human Habitation) Act 2018 and section 11 duties, the regulatory landscape demands prompt, effective action on problems such as damp, mould, structural failings and dangerous installations. That legal framework — now reinforced by new expectations around response times and tenant safety — means proactive inspection, thorough record-keeping and rapid remediation aren’t optional procedures but essential protections for tenants and for landlords’ reputations and compliance.
Key requirements include:
- Housing Act 2004 (HHSRS). This law empowers local councils to assess all dwellings using the Housing Health and Safety Rating System. A home must be free of any Category 1 hazard (a serious threat to health)[11]. Category 1 includes hazards like major damp/mould, structural collapse or fire risk. If a council finds a Category 1 hazard in any rented home, it must force the landlord to fix it. (In practice, this covers private and social landlords alike.)
- Homes (Fitness for Human Habitation) Act 2018. This act requires all rented homes – including social housing – to be “fit for human habitation” at the start of and throughout the tenancy. Courts now explicitly consider factors like damp, insulation and ventilation when judging fitness[12]. In effect, landlords must maintain the home’s condition: a house that becomes cold, damp or unsafe breaches this duty.
- Landlord and Tenant Act 1985 (Section 11). This longstanding law places a duty on most landlords (including councils and housing associations) to keep the structure and exterior of a building in repair – e.g. roof, walls, drains, windows, and installations for water, gas and electricity[13]. So if structural damage (or an asbestos issue in those materials) arises, the landlord must fix it under section 11.
- Regulatory Standards (Decent Homes etc.). Beyond statute, the Regulator of Social Housing enforces standards that social landlords must meet. Its Safety and Quality Standard demands timely repairs and maintenance so homes meet the Decent Homes Standard. A “decent” home is one that meets modern expectations of repair and amenities and is free of Category 1 hazards[14][15]. In practice, this means social housing providers are obliged by both law and regulation to tackle any serious health risk (damp, broken heating, etc) promptly.
(There are additional duties too: e.g. the Environmental Protection Act 1990 allows councils to declare severe damp or mould a “statutory nuisance” and order abatement. But in social housing the emphasis is on prevention and repair under the above laws.)
Best Practices: Reporting, Response and Communication
To comply with these obligations – and most importantly to protect tenant health – social housing providers should adopt best practices around inspections, repairs and communication:
- Prompt investigation. As soon as any tenant reports a hazard (damp, crack, pest, etc.), schedule a thorough inspection without delay. The Housing Ombudsman emphasizes checking the cause right away and planning inspections within your normal policy timeframes and the new Awaab’s Law limits[28]. Inspectors should be knowledgeable about damp, mould and other issues, and consider the property’s history (repeated leaks or complaints) during the visit.
- Thorough remedy of root causes. Don’t just paint over mould – fix the leak or ventilation problem underlying it. GOV.UK guidance stresses removing visible mould and correcting issues like plumbing leaks, poor heating or insulation that let it recur[29]. Use qualified contractors (especially for asbestos or major structural repairs). After completing works, follow up (for example, reinspect after ~6 weeks) to ensure the problem is actually solved[30]. Maintain clear records: take photos of hazards (e.g. document mould locations before removal) and log all repairs and follow-up checks[31][32]. Good data and checklists help prevent things slipping through the cracks.
- Clear repair plans and updates. Once the cause is identified, set specific repair deadlines and tell the tenant what will happen. The Ombudsman advises landlords to “set clear times for repairs and keep residents informed”[33]. For example, after a mould inspection, confirm (in writing) the next steps – scheduling remediation, any need to move out temporarily, etc. Under Awaab’s Law, landlords must issue a written summary of the investigation findings to the tenant within three days[23]. Even for ordinary disrepair cases (outside Awaab), good practice is to email or call tenants within a few days of inspection to explain: “We’ve found …; here’s what we will do and by when.” Respectful communication matters: residents living with damp or pests are often anxious and stressed, so treat them with understanding[33].
- Proactive prevention. Don’t wait for a leak to turn into black mould. Routinely inspect properties – at void turn-over, during annual servicing or heat checks – to catch problems early[28][34]. Use asset data (e.g. age of boilers, roof history) to target high-risk homes for preemptive maintenance. In void homes, fix any damp/mould before re-letting. The Ombudsman recommends using data and proactive repairs to “find and fix issues before complaints happen”[35]. Also train staff and contractors: they should understand the health risks of neglecting damp/mould and know to report any concerns on inspections[36].
- Tenant engagement and reporting channels. Make it easy for tenants to report hazards and ask questions. Offer multiple channels (online portals, phone lines, in-person office hours or surgeries, text messaging) and publicize them widely. Ensure tenants know the procedure and expected timelines. After any response, invite feedback (“Did our visit fix the problem?”). Under the new Tenant Satisfaction Measures, landlords must even survey tenants about repairs and complaint handling[37] – so good communication now directly impacts ratings and reputation.
- Transparency and accountability. Document every step. Keep audit trails of inspections, repairs, complaints and communications. Publish performance data (as required by the Regulator’s Transparency standard) on items like repair completion times and damp/mould satisfaction rates[37]. Encourage tenant scrutiny – for example through resident boards or focus groups that review services. If issues escalate, tenants should know how to complain formally: outline the in-house complaints process and emphasise the free Housing Ombudsman route as the next step[38]. The Ombudsman can force landlords to carry out repairs or pay compensation for poor service[32][38]. At the national level, social landlords now face much tougher oversight: the Regulator of Social Housing can inspect providers at short notice and levy unlimited fines for serious failures[39]. In short, providers must demonstrate they listen to tenants and take swift corrective action.
If you manage social housing and want to make sure you’re meeting your legal duties while protecting residents, EFAM Air can help. Our experienced team offers professional ventilation surveys, detailed condition reports and bespoke remedial plans focused on diagnosing root causes (not just cosmetic fixes) — including specialist damp and mould prevention work. We provide clear, written condition reports and practical recommendations to support HHSRS assessments, Fitness for Habitation obligations and compliance with the latest standards.
Contact EFAM Air today to arrange a free on-site survey and start putting robust, documented solutions in place for safer, healthier homes.
