HHSRS 2026: How Councils Now Assess Damp and Mould

Short answer: in June 2026 England updated the Housing Health and Safety Rating System (HHSRS), the risk assessment councils use to judge whether a home is safe. The number of hazards fell from 29 to 21, scores are now grouped into three bands, and inspectors work from published baseline indicators. For damp and mould, the key indicator is that no room should have observable damp or mould, or deterioration of internal finishes, over more than 5% of a wall or ceiling surface. Damp and mould growth is still a hazard in its own right, and fines for ignoring council notices went up to £40,000.

This applies to England. Wales and Scotland have their own systems.

What the HHSRS is, in one paragraph

The HHSRS comes from Part 1 of the Housing Act 2004. It isn't a list of pass/fail rules. An inspector (usually from the council's private housing or environmental health team) looks for deficiencies, judges how likely they are to cause harm over the next year and how serious that harm could be, and produces a score. The higher the score, the more serious the hazard. It applies to all housing, but in practice it is used mostly in the private rented sector, where councils are the main enforcer.

What changed in 2026

The Housing Health and Safety Rating System (England) (Amendment) Regulations 2026 apply to inspections started on or after 22 June 2026, with new statutory operating guidance, enforcement guidance, case studies and landlord and tenant guides published by the government on 23 June 2026. The main changes:

21 hazards instead of 29. Statistically similar hazards were merged. For example, falls on the level and falls associated with baths and showers are now one hazard.
Three bands. Scores of 1,000 or more are High, which is a Category 1 hazard. Lower scores fall into Medium and Low bands, which are Category 2.
Simpler likelihood scoring. The old 16 likelihood categories were grouped into four bands, from very likely to very unlikely.
Baseline indicators. A checklist of reasonable standards. Anything that falls below them is a deficiency the inspector should assess.

Damp and mould growth remains one of the physiological hazards, alongside excess cold, excess heat and indoor air pollutants.

The damp and mould baseline indicators

The government's landlord and agent guide points to several indicators that bear directly on damp and mould:

17.3, damp and mould: no room should have observable damp or mould, or deterioration of internal finishes, over 5% of a wall or ceiling surface.
17.1, external elements: roofs, walls, windows and doors should be watertight.
17.2, drainage: gutters, downpipes and drains working and clear.
Ventilation indicators covering extraction and background ventilation in the home.
15.4, heating: the heating system needs to be adequate for the home.

That 5% figure is useful because it's measurable. A bedroom wall 4 metres long and 2.4 metres high is about 9.6 square metres, so 5% is roughly half a square metre, about the area of four sheets of A3 paper. Mould in a corner plus a strip along a window reveal can exceed it quickly.

Falling below an indicator doesn't automatically make a Category 1 hazard. It means the inspector should assess it, taking into account who lives there and how likely harm is.

What councils must do

Category 1 (High): the council must take action.
Category 2 (Medium or Low): the council may act, but it has discretion.

Options include:

Hazard awareness notice: advice only, no required action.
Improvement notice: requires work to remove or reduce the hazard. Work must start no sooner than 28 days after the notice is served; the landlord can appeal within 21 days.
Prohibition order: stops all or part of the home being used. Takes effect 28 days after it's made unless appealed.
Emergency remedial action or an emergency prohibition order: for Category 1 hazards that pose an imminent risk of serious harm.

Councils must give a statement of reasons with any notice or order. Appeals go to the First-tier Tribunal (Property Chamber).

Fines and penalties

Failing to comply with an improvement notice can now bring a civil penalty of up to £40,000 for offences on or after 1 May 2026 (previously £30,000), as an alternative to prosecution.
Councils can separately impose a penalty of up to £7,000 for failing to remove a Category 1 hazard where it was reasonably practicable to do so.
Tenants and councils may also be able to apply for a rent repayment order for certain offences.

The Renters' Rights Act 2025 has also placed a duty on councils to enforce landlord legislation, so expect enforcement teams to be more active, not less.

How a damp complaint turns into an inspection

Most HHSRS inspections start with a complaint from a tenant, often after they've reported mould to the landlord and nothing has happened. Referrals can also come from GPs, health visitors, social workers and other agencies, and some councils inspect proactively through licensing schemes. Tenants are told to put concerns to their landlord in writing first, with photos.

For landlords, the practical lesson is that a tenant's written damp report is the start of a paper trail that may end up in front of an inspector. A prompt, documented investigation of the cause is your best protection. It is a defence to show a "reasonable excuse" for not complying with a notice, such as a tenant refusing access, but the burden is on you to show you took reasonable steps.

How this fits with Awaab's Law

Awaab's Law, which sets fixed investigation and repair timeframes for damp and mould and other hazards, currently applies only to social housing in England. Applying it to private landlords is being consulted on, with the consultation closing on 18 December 2026; no private-sector start date has been set. Until then, the HHSRS and the duty to keep a home fit for human habitation (under the Landlord and Tenant Act 1985, as amended in 2018) are the main legal standards for private landlords on damp and mould. Our private rented sector Awaab's Law page tracks the current position.

A practical checklist for landlords

Walk every room and check walls and ceilings against the 5% indicator, including behind furniture and inside wardrobes.
Test kitchen and bathroom extract fans, and check trickle vents are present and open.
Clear gutters and downpipes; check roofs, pointing and window seals for water getting in.
Make sure the heating can keep the home warm, and that loft insulation is adequate.
Record each damp report: date received, date inspected, cause found, work done and follow-up.

Our winter damp and mould checklist for landlords goes into more detail, and you can find a damp surveyor if you need an independent diagnosis.

FAQs

How many HHSRS hazards are there now?

In England, 21, down from 29, for inspections started on or after 22 June 2026.

Is damp and mould a Category 1 hazard?

It can be, if the assessment produces a score of 1,000 or more. That depends on severity, extent and who lives in the home.

What is the HHSRS 5% rule for mould?

Baseline indicator 17.3 says no room should have observable damp or mould, or deterioration of internal finishes, over 5% of a wall or ceiling surface. Below that standard, the inspector should assess the hazard.

Does the new HHSRS apply in Wales or Scotland?

No. The 2026 changes apply in England. Wales and Scotland have their own housing standards and enforcement routes.

HHSRS 2026 - how councils now assess damp and mould in rented homes