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Survey Insights16 October 20267 min read

Damp and Mould in a House Survey: What Buyers Should Know (and What Awaab's Law Covers)

Damp and mould have been in the headlines since the death of two-year-old Awaab Ishak in 2020, caused by a severe respiratory condition linked to prolonged exposure to mould in his social rented home. His death led to "Awaab's Law," which puts legal timescales on landlords to deal with hazards. If you are buying a home, you may wonder whether the law protects you. This guide explains what Awaab's Law does and does not cover, and how a home survey helps you spot moisture problems before you buy.

Damp and Mould in a House Survey: What Buyers Should Know (and What Awaab's Law Covers)

2. What Awaab's Law covers today

Awaab's Law is about rented homes, not homes you buy to live in.

  • Social housing (in force): From 27 October 2025, social landlords in England must investigate and act on all emergency hazards as soon as reasonably practicable, and within no longer than 24 hours, and must address damp and mould hazards that present a significant risk of harm within fixed timescales. If a landlord does not meet these duties, the tenant can take them to court for breach of contract.
  • Social housing (next phase): Draft regulations laid before Parliament on 13 July 2026 would extend the rules, from 30 November 2026, to more hazards: excess cold, excess heat, falls, structural collapse, fire and explosions, electrical hazards and domestic hygiene. This is subject to Parliament's approval.
  • Private rented homes (not yet in force): The government opened a consultation on 9 October 2026 on applying Awaab's Law to private rented tenancies, closing at 11:59pm on 18 December 2026. There is no confirmed start date yet. Regulations would have to follow.

So if you are an owner-occupier, Awaab's Law does not give you a legal remedy against a seller. Your protection is finding out before you commit.

3. Why buy-to-let buyers should pay attention

If you plan to rent a property out, the direction of travel is clear: the government says Awaab's Law will extend to private landlords under the Renters' Rights Act 2025, with the detail and timing still subject to consultation. A property with unresolved damp today could become a compliance problem tomorrow. A survey that identifies the source of moisture helps you budget for the fix.

4. The three damp problems surveyors see most

The following is general surveying knowledge, not from the government pages above, and each property is different.

Condensation

Warm, moist air from cooking, showering and drying clothes meets a cold surface and turns to water. It often shows as black mould on walls, window reveals and behind furniture. It is usually a ventilation and heating issue rather than a building defect, though poor insulation makes it worse.

Penetrating damp

Water gets in from outside through defective gutters, leaking pipes, cracked render, failed pointing, damaged roof coverings or poorly sealed windows. Staining often appears after heavy rain and follows the path of the leak.

Rising damp

Moisture travels up through masonry from the ground, usually because a damp-proof course has failed or been bridged, for example by raised soil levels. It is far less common than people think, and often misdiagnosed. A surveyor's careful investigation matters, because the wrong diagnosis leads to expensive and unnecessary treatments.

5. What a surveyor looks for

On a RICS home survey, a surveyor will typically examine the building and note signs of moisture, such as:

  • staining, tide marks, peeling paint or blistered plaster,
  • readings from a moisture meter at suspicious areas,
  • defective gutters, downpipes, flashings and roof coverings,
  • ground levels against walls and the condition of any damp-proof course,
  • ventilation: extractor fans, trickle vents and airbricks,
  • signs of recent redecoration that might hide stains.

In older homes, such as Victorian terraces, solid walls and original materials behave differently from modern cavity walls. That is one reason many buyers choose a Level 3 survey for older properties. Our guide to Level 2 vs Level 3 surveys explains which fits your property, and our article on Victorian terraces in Greater Manchester covers common issues in period homes.

A visual survey has limits. A surveyor does not open up floors or walls, so a report may recommend further investigation by a specialist. That is not a failure; it is how defects get identified properly.

6. How to read the damp section of your report

Reports commonly use a traffic-light style rating. In general terms:

  1. Defects needing urgent attention or investigation before you commit.
  2. Defects needing repair or replacement but not considered serious or urgent.
  3. No repair currently needed, but the element should be maintained.

If damp appears in the first category, ask:

  • What is the likely cause, and is it confirmed or suspected?
  • What further investigation is recommended, and by whom?
  • What is the likely scale of repair? Ask for a quote from a specialist rather than relying on rules of thumb.

7. Using the findings in your purchase

Damp findings can support a price negotiation, a request for the seller to fix the problem, or a decision to walk away. Because findings change what you are willing to pay, instruct the survey before exchanging contracts. Our cost guide for Manchester and Liverpool explains how surveys help with renegotiation.

8. Simple steps to reduce damp at home

  • Ventilate kitchens and bathrooms and use extractor fans.
  • Keep gutters and downpipes clear.
  • Do not dry laundry on radiators in closed rooms without ventilation.
  • Keep furniture slightly away from external walls.
  • Fix leaks promptly.
  • Wipe mould early and find out why it formed rather than painting over it.

9. If you are a tenant

If you are renting, check whether your landlord is a social landlord covered by Awaab's Law today. In the private sector, the existing rules and routes, such as your local council's environmental health team, still apply while the extension is consulted on. This is general information; seek advice from a housing adviser for your own situation.

10. Bottom line

Awaab's Law is changing how landlords must respond to damp and mould, but it does not protect buyers. For buyers, the best protection is a survey that matches the age and condition of the home. If you are buying in the West Midlands, Manchester or Liverpool, I AM Surveyors can advise on the right survey level, and you can browse areas we cover.

This article is general information, not advice on any particular property.

Sources

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