Mould in social housing has evolved from a maintenance nuisance to a critical compliance failure that threatens legal standing, financial stability, and organisational reputation. With Awaab's Law enforcement approaching in late 2025, housing providers must urgently transition from reactive maintenance to proactive hazard management.
Key Points
- Mould is classified as a biological agent under COSHH Regulations, not a routine maintenance issue
- Phase 1 of Awaab's Law comes into force on 27 October 2025 with 24-hour response requirements
- Housing providers face legal liability, financial exposure, and reputational damage from non-compliance
- Vulnerable populations including children under 5, elderly residents, and immunocompromised individuals face heightened health risks
- Proactive compliance systems with comprehensive documentation are essential for regulatory readiness
The Reality Behind "Mould is Just Maintenance Work"
When Awaab Ishak died in 2020, his death certificate did not list "poor maintenance" as the cause. It listed respiratory failure caused by prolonged exposure to mould; a preventable biological hazard that housing providers classified as a routine repair issue.
This case, as tragic as it is, exposed a fundamental misunderstanding across the housing sector: mould is not a maintenance task, it is a failure in regulatory compliance.
Social housing tenants today are reporting mould-related health issues at unprecedented levels. For housing associations, property managers, and maintenance contractors, the implications extend far beyond repair backlogs or tenant complaints. You are now facing the possibility of:
- Legal liability under multiple regulatory frameworks
- Financial exposure from enforcement actions and compensation claims
- Reputational damage that affects funding, partnerships, and public trust
- Direct responsibility for preventable harm to vulnerable populations
The question now is not whether your organisation will face mould-related compliance challenges; it's whether you are prepared for them.
Mould as a Regulated Hazardous Substance
The Science Behind the Classification
Under the Control of Substances Hazardous to Health (COSHH) Regulations 2002, mould is classified as a biological agent; defined by the Health and Safety Executive (HSE) as microorganisms that may cause infection, allergy, toxicity, or otherwise create hazards to human health. When mould growth occurs in poorly ventilated indoor environments, spores become airborne and can release mycotoxins through inhalation and contact with contaminated surfaces.
The NHS links mould exposure to several serious health conditions:
- Respiratory illness and asthma complications
- Chronic bronchitis and lung infections
- Skin irritation and allergic reactions
- Neurological symptoms and chronic inflammation
High-Risk Populations in Your Properties
The NHS has identified specific vulnerable groups who face higher health risks from mould exposure:
- Children below five years old due to their still developing respiratory systems
- Elderly residents who have compromised immune function
- Pregnant women who face both maternal and foetal health risks
- Immunocompromised individuals because of their existing health conditions
- Housing and maintenance staff who are occupationally exposed due to their line of work
Vulnerable Residents at Risk
Health complications can escalate rapidly when any of these identified vulnerable groups are exposed, creating emergency situations that demand immediate, documented response.
Current Compliance Obligations
Immediate Legal Requirements
Two critical pieces of legislation currently govern mould management:
The Homes (Fitness for Human Habitation) Act 2018
- Requires landlords to ensure properties are free from hazards that make homes unfit for habitation
- Explicitly includes damp and mould as serious hazards
- Creates tenant right to legal action for non-compliance
The Control of Substances Hazardous to Health (COSHH) Regulations 2002
According to the HSE COSHH Regulations, biological agents are defined as "any micro-organism, cell culture, prion or human endoparasite whether or not genetically modified which may cause infection, allergy, toxicity or otherwise create a hazard to human health."
The regulations require:
- Employers to assess risks from hazardous substances including biological agents like mould
- Prevention or control of exposure where risks are identified
- Provision of information, instruction and training about risks
Compliance Requirements You Must Meet Today
To satisfy current legal obligations, housing providers must:
- Assess and document mould as a hazardous substance under COSHH requirements
- Conduct formal risk assessments for any workplace mould exposure scenarios
- Implement prevention measures including adequate ventilation and humidity controls
- Use appropriate treatments with current Safety Data Sheets (SDS) and safe handling procedures
- Protect staff and residents through information, instruction and training on mould risks
- Establish response systems for logging, investigating and resolving tenant complaints within reasonable timeframes
Regulatory Sources
For detailed guidance, refer to the COSHH Regulations 2002 and HSE COSHH Guidance.
The Approaching Deadline: Awaab's Law
Phase 1 Enforcement: 27 October 2025
On 27 October 2025, Phase 1 of Awaab's Law will come into force, introducing mandatory timeframes for social landlords to address emergency hazards and damp and mould hazards within 24 hours. In 2026, requirements will expand to apply to a wider range of hazards beyond damp and mould.
The legislation includes:
- 24-hour response requirement for emergency repairs including damp and mould
- Investigation deadlines for reported hazards
- Mandatory remediation within prescribed timeframes
- Legal enforcement through enhanced regulatory powers
For detailed guidance, see the UK Government Awaab's Law announcement and the National Housing Federation resources. The Awaab's Law Draft Guidance for Social Landlords provides comprehensive implementation details.
Act Now - Enforcement is Imminent
This is not simply future planning; it is immediate risk management. With Phase 1 of Awaab's Law confirmed for 27 October 2025, regulators and tenant advocates are already scrutinising mould response procedures, and any operational gaps expose your organisation to legal and financial consequences under the strengthened enforcement framework.
The Compliance Gap Assessment: Five Critical Questions
Before you can address mould compliance, you need to understand your current exposure. Ask yourself:
- Risk Assessment: Do you have COSHH assessments specifically for mould across all properties?
- Contractor Competence: Have your maintenance contractors been vetted for COSHH compliance and product safety knowledge?
- Documentation Currency: Are your Safety Data Sheets current and accessible to all relevant staff?
- Response Systems: Do you have traceable procedures for logging, escalating, and resolving mould complaints?
- Audit Readiness: Can you produce comprehensive documentation for every inspection and remediation effort?
Critical Vulnerabilities
If you answered "NO" or "UNCLEAR" to any question, your compliance framework has critical vulnerabilities that need immediate attention.
Building a Compliance-First Mould Management System
1. Establish Comprehensive Personnel Training
Who needs training: Housing officers, maintenance teams, cleaning staff, support workers, and management personnel
Training components:
- Mould identification and health risk communication
- COSHH requirements and safety protocols
- Legal obligations and response procedures
- Documentation and reporting standards
2. Implement Property-Specific Risk Assessments
Move beyond generic maintenance schedules to create detailed COSHH assessments for each property type. These should include:
- Mould risk factors (ventilation, moisture sources, building materials)
- Vulnerable resident populations
- Required safety equipment and procedures
- Emergency response protocols
Streamline Your Assessments
Professional software solutions like Sevron's COSHH Software can streamline this process while ensuring regulatory compliance.
3. Standardise Response and Documentation Protocols
Create systems that guarantee:
- Every tenant complaint is logged with timestamp and details
- Response actions are escalated according to risk level
- All remediation work is documented with before/after evidence
- Completion is verified and recorded for audit purposes
4. Establish Continuous Monitoring and Review
Implement regular cycles for:
- Property inspections in high-risk areas
- Complaint trend analysis to identify systemic issues
- Contractor performance audits for compliance and effectiveness
- Board-level reporting on mould management and compliance status
The Business Case for Proactive Compliance
Financial Impact
- Reactive approach: Emergency repairs, legal fees, compensation claims, regulatory fines
- Proactive approach: Planned maintenance, prevention systems, documented compliance, reduced liability
Operational Benefits
- Standardised procedures reduce response time and improve consistency
- Staff training increases competence and reduces occupational health risks
- Documentation systems provide audit trails and evidence of due diligence
- Preventive measures reduce emergency callouts and tenant complaints
Risk Mitigation
- Legal protection through demonstrated compliance with COSHH and housing regulations
- Reputational safeguarding via proactive tenant health and safety management
- Financial predictability through planned rather than emergency interventions
Taking Action: Your Compliance Roadmap
Immediate Actions (This Month)
- Conduct gap assessment using the five critical questions above
- Review current mould-related complaints and response procedures
- Audit contractor competence and Safety Data Sheet currency
Short-term Implementation (Next 3 Months)
- Develop comprehensive staff training programme
- Create property-specific COSHH assessments
- Implement standardised response and documentation systems
Long-term Compliance (Next 12 Months)
- Establish regular monitoring and review cycles
- Integrate mould management into broader compliance framework
- Prepare for Awaab's Law enforcement requirements
Conclusion: Compliance Is Your Competitive Advantage
Mould management represents more than regulatory obligation; it is a test of organisational competence, accountability, and commitment to tenant welfare. Organisations that treat mould as a compliance priority rather than a maintenance task will:
- Protect vulnerable residents from preventable health risks
- Demonstrate regulatory compliance before enforcement intensifies
- Build operational resilience through systematic risk management
- Establish market credibility through proactive safety leadership
The Bottom Line
The cost of compliance is predictable. The cost of non-compliance is not.
The choice is clear: lead with compliance or risk being held accountable for failures.
Ready to Transform Your Mould Compliance Strategy?
- Get Certified: Access free safety training at The Knights of Safety Academy
- Get Competent: Implement systematic risk assessment with Sevron COSHH Software
- Get Compliant: Reach out to a Sevron representative for a free COSHH compliance consultation
Do not wait for an inspection or enforcement action to expose gaps in your mould compliance. Contact our team to learn how Sevron can help you build a robust compliance system before Awaab's Law comes into force.
CEO & Founder
Dale founded Sevron Safety Solutions in 2007 with a mission to help businesses comply with Health and Safety regulations through innovative, cloud-based solutions. An award-winning author of 'The Book on Chemical Safety' and founder of The Knights of Safety Academy, Dale has dedicated over 19 years to making workplaces safer. His expertise spans COSHH regulations, chemical safety compliance, and risk assessment best practices.
