Are Private Renters Protected by the New 2026 Housing Disrepair Rules?

If you rent privately and your home has damp, mould, broken heating, leaks or other serious disrepair, you have legal rights now. The Renters’ Rights Act 2025 changed the private rented sector from 1 May 2026, including ending Section 21 no-fault evictions for existing and new assured tenancies.

That matters because many tenants previously worried that reporting disrepair could lead to a no-fault eviction. A landlord can still seek possession on lawful grounds, but they can no longer use Section 21 simply because a tenant has complained about unsafe or poor housing conditions.

What Changed in May 2026?

From 1 May 2026, private landlords must use the reformed possession grounds if they want to end an assured tenancy. Tenants also have stronger protection from unfair practices, and local authorities have wider enforcement powers against landlords who breach housing rules.

These changes do not replace your existing repair rights. They sit alongside long-standing duties under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018. In simple terms, landlords must keep the structure and exterior in repair, maintain installations for heating, hot water, gas, electricity and sanitation, and ensure the home is fit to live in.

If your landlord fails to act after being told about a problem, you may be able to make a housing disrepair claim.

Does Awaab’s Law Apply to Private Renters?

Awaab’s Law currently applies to social housing in England. The first phase came into force on 27 October 2025. For social landlords, emergency hazards must be addressed within 24 hours. Significant damp and mould hazards must be investigated within 10 working days, with written findings provided within 3 working days after the investigation. Safety works must then be started within the required timeframe.

Private renters are not yet directly covered by Awaab’s Law. The Renters’ Rights Act creates the framework to extend similar duties to the private rented sector, but secondary legislation is still needed before those rules apply to private landlords.

That does not mean private tenants have no protection. Damp and mould that is caused by disrepair, or that creates a health and safety risk, can still fall within existing landlord duties. You can read more about what counts as housing disrepair and how to report disrepair to your landlord.

What Can You Claim For?

Common housing disrepair issues include damp and mould, leaking roofs, broken windows, faulty electrics, pest infestations, unsafe stairs, structural defects and heating or hot water failures. Your landlord must usually have been notified and given a reasonable chance to respond.

Compensation is often based on how much the disrepair reduced your use and enjoyment of the home. Courts may assess this as a percentage of rent for the affected period. Serious problems affecting a bedroom, living space or heating system may justify a higher award than a minor defect in a small area.

You may also be able to claim for damaged belongings, such as furniture, clothes or bedding affected by damp, and for health impacts where medical evidence supports the link. See how compensation is calculated in housing disrepair claims and whether you can claim for damaged belongings.

Rent repayment orders have also been strengthened for qualifying offences committed from 1 May 2026. In some cases, tenants can seek up to 24 months’ rent, rather than the previous 12-month maximum.

What Should You Do Before Claiming?

Report the problem in writing and keep copies of emails, messages and letters. Take clear photographs or videos, keep records of dates, and save evidence of any health symptoms, damaged items or extra costs.

For non-emergency repairs, it is usually sensible to allow a reasonable period for the landlord to respond. Emergency risks, such as dangerous electrics or no heating in extreme weather, should be treated more urgently.

If the landlord still fails to act, a no win no fee housing disrepair claim may help you pursue repairs and compensation. You can also read about how long a housing disrepair claim takes and what happens after you report disrepair.

Frequently Asked Questions

Can I make a claim as a private renter in 2026?

Yes. Private tenants can still bring disrepair claims under existing housing law if the landlord has failed to deal with repair obligations after being notified.

Does my landlord have to fix damp and mould?

Yes, where it is caused by disrepair or creates a health and safety risk. The exact responsibility depends on the cause and evidence.

Is there a time limit?

Many disrepair claims are subject to a 6-year limitation period, but personal injury elements may have shorter limits. Acting sooner is safer.

Start Your Housing Disrepair Claim

If your landlord has ignored repair requests and you are living with damp, mould, broken heating or other serious problems, Claim First offers tenant disrepair claim support on a no win no fee basis.

Start your housing disrepair claim today and find out what you may be owed.