For years, one of the most stressful parts of private renting in England was the fear that asking for repairs could put your home at risk. You could report damp. You could chase mould. You could send photos, emails and polite reminders. But at the back of your mind, there was often the same worry: what if the landlord simply serves a Section 21 notice?

For many tenants, that fear has now changed. On 1 May 2026, the first phase of the Renters’ Rights Act 2025 came into force for the private rented sector in England. Section 21 no-fault evictions were abolished for new and existing assured private tenancies, subject to limited transitional rules for notices served before that date.

This does not mean landlords can never regain possession. It does mean they must now rely on specific legal grounds and prove their case through the proper process. For tenants dealing with damp, mould and unsafe housing conditions, that is a major shift.

What Was Section 21 and Why Did It Matter?

Section 21 of the Housing Act 1988 allowed private landlords to end an assured shorthold tenancy without proving fault by the tenant. The landlord did not need to show rent arrears, anti-social behaviour or breach of tenancy. They could serve a notice, usually giving at least 2 months, and then apply to court if the tenant did not leave.

In practice, this created a chilling effect. Even where tenants had a genuine repair issue, many worried that complaining too firmly could make them a target for eviction. Legal protections against retaliatory eviction existed, but they depended heavily on the council taking certain enforcement steps and were not always easy for tenants to use.

The scale of the problem was clear before the reform. Ministry of Justice data showed that 11,402 households were evicted by bailiffs using the accelerated Section 21 process in England between July 2024 and June 2025. Not every one of those cases involved disrepair, but the existence of the power shaped how tenants behaved. For many people living with damp and mould, the fear of losing the tenancy was enough to keep them quiet.

What Changed From 1 May 2026?

From 1 May 2026, landlords can no longer serve new Section 21 notices for assured private tenancies in England. Existing and new tenancies moved into the new tenancy system, with fixed-term assured shorthold tenancies converted into periodic tenancies.

Tenants now generally have more flexibility to leave by giving notice, while landlords must use Section 8 possession grounds if they want the property back. That means they must identify a lawful ground, such as serious rent arrears, anti-social behaviour, sale of the property, landlord occupation or another permitted reason.

There are still transitional rules. If a landlord served a valid Section 21 notice before 1 May 2026, they may still be able to use it to start court proceedings, but only within the permitted transitional deadline. In many cases, the final date for starting Section 21 possession proceedings is 31 July 2026 or the expiry of the notice period, whichever comes first.

Other early reforms include stronger local authority enforcement powers, new rules around rent increases, limits on rental bidding, changes to rent in advance, and stronger protections against discrimination. Landlords also need to provide existing tenants with the official Renters’ Rights Act information sheet by the required deadline where the rules apply.

What Does This Mean for Damp and Mould?

The Act has not magically fixed damp and mould in rented homes. Your landlord’s repair obligations still depend on the type of problem, the condition of the property, when you reported it, and whether the issue is caused by disrepair, poor ventilation, structural defects or another hazard.

However, the removal of Section 21 gives tenants more confidence to report problems. A landlord can no longer use the simplest no-fault route to end the tenancy just because you complained.

Your rights already come from several sources, including the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018 and housing health and safety rules enforced by councils. If damp or mould is caused by a repair issue, such as a leak, failed guttering, defective brickwork, poor insulation or faulty ventilation, the landlord may be responsible for putting it right.

For a fuller breakdown, see our guides on damp and mould in rented homes and your rights, the landlord's repairing obligations in the UK, and what counts as housing disrepair.

What About Awaab's Law?

Awaab’s Law is one of the most important housing safety developments in recent years. It was introduced first for social housing, with fixed timescales for landlords to deal with serious hazards, including damp and mould hazards that present a significant risk of harm.

The Renters’ Rights Act gives the government power to extend Awaab’s Law-style protections into the private rented sector. However, the private rented sector extension is not fully in force in the same way as the social housing regime. The detailed private rental timescales and procedures depend on secondary legislation and further implementation.

That distinction matters. Tenants should not assume every fixed deadline already applies to private landlords today. But the direction is clear: the law is moving away from vague delay and towards clearer duties to investigate and fix dangerous conditions.

Until the private sector Awaab’s Law rules are fully implemented, tenants can still rely on existing disrepair and fitness laws. Serious damp and mould should be reported promptly, documented properly and escalated if the landlord fails to act.

Can You Safely Report Damp Now?

You are safer reporting damp now than you were under the old Section 21 system. The landlord cannot simply serve a new no-fault notice because you raised a complaint. If they want possession, they need a valid legal ground.

That does not mean every risk has disappeared. Section 8 grounds still exist. If you are in serious rent arrears, damage the property, breach your tenancy or behave anti-socially, a landlord may still seek possession. Landlords can also use new or amended grounds where they genuinely intend to sell or move into the property, provided they meet the legal test.

This is why evidence still matters. Keep your rent up to date where possible. Keep communication polite and written. Keep photos, videos, medical records and repair reports. If your landlord later tries to claim the issue is your fault, your records become important.

If the landlord says the problem is just condensation, do not ignore it. Some condensation is caused by tenant behaviour, but many damp and mould problems are linked to defects in the building. Our guide on penetrating damp vs condensation explains how to challenge a blanket condensation excuse with evidence.

How to Report Damp Under the New Regime

Report the problem in writing as soon as you notice it. Email or message your landlord or letting agent and describe the issue clearly. Explain where the damp or mould is, when it started, whether it is spreading, and how it affects your use of the property.

Photograph everything. Take dated photos of mould patches, damp walls, damaged furniture, peeling wallpaper, leaks, blocked gutters or visible defects. Repeat the photos over time so you can show whether the problem is getting worse.

Follow up if there is no response. A single message is not always enough. If the landlord does not inspect or repair within a reasonable time, send a follow-up and keep a copy.

Escalate where needed. Your local council’s environmental health team can inspect hazards and may be able to take enforcement action. This can be especially useful where the landlord denies responsibility or refuses to inspect.

Our guide on how to report disrepair properly explains what to include in your messages and how to build a clear timeline.

What If the Damp Has Affected Your Health?

Damp and mould can affect health, particularly for children, older people, pregnant tenants and anyone with asthma, allergies or respiratory conditions. If you or someone in your household has symptoms that may be linked to mould exposure, seek medical advice and make sure the issue is recorded.

Medical evidence can help support a claim, especially where the landlord was told about the problem and failed to act. Our guide on the health impacts of black mould exposure explains what to look out for.

A successful housing disrepair claims uk case can help force repairs and may result in compensation for distress, inconvenience, damaged belongings and health-related impact where evidence supports it.

What About Retaliatory Eviction Now?

Section 21 has gone, but retaliatory behaviour can still appear in other forms. A landlord may suddenly allege rent arrears, claim they need to sell, or rely on another possession ground after you complained.

That does not mean they will automatically succeed. A Section 8 claim can be challenged. The court can look at the facts, the timing, the evidence and whether the ground is genuinely made out. If a possession claim follows shortly after a legitimate disrepair complaint, that timing may be relevant.

Our article on retaliatory eviction and disrepair complaints explains how this issue works and why documenting the sequence of events matters.

Other Financial Issues Worth Addressing

If you are dealing with housing disrepair, you may also be under wider financial pressure. Claim First handles several types of claims on a No Win, No Fee basis.

You can Claim fast with Claim First if you need support exploring whether you have a valid claim. If you have taken out car finance that was not properly explained, mis sold pcp finance may be worth reviewing separately. If you were approved for unaffordable high-cost borrowing, a payday loan claim may also be possible. If you have been targeted by fraud, including romance scams uk, our team can review that separately too.

FAQs: Renters' Rights Act and Damp Reporting

Does the Renters' Rights Act apply to all renters?

No. The main tenancy reforms apply to private renters in England with assured or assured shorthold tenancies. They do not usually apply to lodgers, holiday lets or most social housing tenants in the same way.

Can my landlord still evict me if I report damp?

They can seek possession only if they have a valid legal ground. The old no-questions-asked Section 21 route is no longer available for new notices from 1 May 2026.

Are Awaab's Law timescales already active for private rentals?

Not fully. The private rented sector extension is being implemented separately. Existing disrepair and fitness laws still apply now.

Does making a disrepair claim cost anything?

Claim First operates on a strict No Win, No Fee basis. There are no upfront costs and nothing to pay unless your claim succeeds.

The Fear That Kept Tenants Quiet Has Changed

For too long, Section 21 made tenants think twice before reporting unsafe housing. That direct no-fault threat has now been removed for private assured tenancies in England.

If your home has damp, mould or unresolved disrepair, you have stronger protection than before. Report the issue, keep evidence and get help if your landlord fails to act.

Start your claim today. It only takes a few minutes online, and Claim First can guide you through the process from start to finish.