Changes to legislation come into force today

SAL members are reminded that various pieces of legislation come into force today, as follows:

1. Awaab’s Law – this introduces a framework which landlords must comply with when the landlord is notified by the tenant, or otherwise becomes aware, that the house is or may be affected by damp or mould. It requires the landlord to adhere to prescribed timescales in the investigation and reporting of the issue. If the investigation identifies that the damp or mould is substantial, then repair works must be undertaken. SAL guidance on these new requirements can be found here (please log in to the SAL website before clicking on this link). Government guidance can be found here.
   
2. Changes to WTO fines – if a tenant believes they have been misled into moving out of a Private Residential Tenancy (PRT) tenancy by the landlord using an eviction ground which didn’t apply, the tenant can apply to the tribunal for a Wrongful Termination Order (WTO). If the tribunal is satisfied that the landlord used an eviction ground which didn’t apply then it must fine the landlord. The previous fine scale ranged from 0-6 months’ rent. For tenants who move out on/after 6 October 2026 the fine scale will be 3-36 months’ rent. If the rent is less than £840 per month, then the fine will be based on multiples of £840 instead of multiples of the rent. WTO applications are few and far between and in most cases the tribunal finds that the landlord has not misled the tenant and does not issue a WTO.
   
3. Changes to succession rules on the death of the tenant – under the PRT regime, a partner, family member or carer who has been living in the property with the tenant prior to the tenant’s death has an automatic right to succeed to the tenancy. Previously, legislation required the person to have been living with the tenant for 12 months prior to the date of the tenant’s death, referred to as the “qualifying period”. For tenants who die on/after 6 October 2026, the qualifying period will reduce to 6 months. Tenancy successions are quite rare so most landlords will not be impacted by this.