Canterbury & Kent

Awaab’s Law Phase 2 From 30 November 2026: Surveyor Shortages, Root-Cause Damp Survey Investigations and the Expert Evidence Kent Landlords Will Need (November 2026)

Get a Fixed-Fee QuoteCall 0204 579 8270

On 30 November 2026, Phase 2 of Awaab’s Law comes into force for social landlords in England. A month earlier, Build News reported that shortages of surveyors and specialist trades are already constraining landlords’ ability to respond to damp and mould under Phase 1 [1]. For housing providers across Kent, from Canterbury’s Victorian terraces to coastal flats in Whitstable and Herne Bay, the message is plain: a damp survey that stops at “condensation” or “tenant lifestyle” will not satisfy the law and will not survive a courtroom.

Key Takeaways

• Awaab’s Law Phase 1 (27 October 2025) covers damp, mould and emergency hazards; Phase 2 (30 November 2026) extends it to seven further hazard types for social landlords in England [1].
• MHCLG’s “Test and Learn” research found damp cases take longer because root causes must be identified, and surveyor shortages hold landlords back [1].
• In Harvey v Heaver, the High Court rejected a “tenant lifestyle” defence because s.9A(3) requires the tenant to be wholly or mainly responsible [2].
• The RICS standard “Surveyors acting as expert witnesses” (5th edition) takes effect on the same day as Phase 2 [3].

What Changes on 30 November 2026

Awaab’s Law sits in section 10A of the Landlord and Tenant Act 1985, inserted by the Social Housing (Regulation) Act 2023, and applies to social landlords in England [1].

Phase 1 began on 27 October 2025, covering damp and mould hazards and emergency hazards, with a 24-hour window for emergencies [1]. Phase 2 begins on 30 November 2026 and extends the framework to seven additional hazard types [1].

Two points matter for Kent:

• Private landlords are not yet covered. Awaab’s Law does not currently apply to private landlords in England; the Renters’ Rights Act 2025 provides for its extension to the private rented sector in due course [1].
• The fitness duty applies now. Section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation) and section 11 (repair) already bind social and private landlords, and the Housing Health and Safety Rating System lists damp and mould growth as a prescribed hazard.

What the Test and Learn Research Found

Build News reported on 20 October 2026 on MHCLG-commissioned “Test and Learn” research into Phase 1, carried out by Verian through tenant interviews and social landlord focus groups across England [1]. It found:

• Emergencies were manageable within the 24-hour window [1].
• Damp and mould took longer, because these cases require identifying root causes and coordinating several trades [1].
• Surveyors are scarce. Shortages of surveyors and specialist trades constrain landlords’ ability to respond [1].
• Compliance can crowd out repair. Organisations risk focusing on demonstrating statutory compliance rather than resolving residents’ problems [1].

Sam Fitzgerald, founder of the Federation of Damp, put it bluntly: “Damp surveying isn’t a regulated profession.” He argued that damp assessments often reach a conclusion before anyone visits, that blaming condensation or resident lifestyle should be evidenced rather than assumed, and that competence must scale alongside deadlines or landlords will meet timescales without fixing problems [1].

Why “Lifestyle” Diagnoses Fail: Harvey v Heaver

Harvey v Heaver (2026) EWHC 1671 (KB), decided in the High Court on 3 July 2026, concerned a private tenancy of a mid-19th-century house near Chichester [2].

The court relied on an unchallenged single joint expert surveyor, who found:

• damp and mould in every habitable room and both roof spaces, with moisture readings in the saturated range;
• a cracked and deflected bedroom ceiling with a damaged asbestos-containing coating and water dripping through;
• rodent infestation, a defective septic tank vent and heating defects [2].

Remedial works were costed at £39,150 plus VAT over four to six weeks [2].

The judge held the property unfit under s.9A of the Landlord and Tenant Act 1985. The damp alone was enough [2]. The landlord argued that the tenant’s lifestyle caused the damp. The court rejected this, because the s.9A(3) defence only applies where the tenant’s default is wholly or mainly responsible for the unfitness [2]. The court then ordered specific performance of the expert’s costed schedule of works [2].

An unchallenged expert report decides cases. “Lifestyle” is a defence to be proved, not a label to be applied.

What a Root-Cause Damp Survey Involves in Kent Housing Stock

A root-cause damp survey asks one question: where is the moisture coming from, and why has it not left? In Kent that has local features: Canterbury’s Victorian terraces are largely solid-wall with no cavity; coastal properties in Whitstable and Herne Bay face wind-driven rain and salt-laden air; ground shifts between chalk and clay, which affects drainage; and student lets combine high occupancy with limited heating.

A thorough investigation covers the following.

Moisture profiling

Readings are taken at set heights and positions across affected walls, not just at the worst-looking patch. A profile that falls away with height points to one source; one that peaks at ceiling level points to another.

Salts analysis

Samples from plaster or masonry are tested for nitrates and chlorides, which helps distinguish long-standing ground moisture from condensation or a recent leak.

Thermal imaging

Surface temperature mapping reveals cold bridges, missing insulation, hidden voids and wet areas behind finishes. In solid-wall terraces, it shows where surfaces fall below dew point.

Ventilation and heating assessment

Extract fans, trickle vents, background ventilation and the heating system’s real capacity are checked.

Drainage and external defects

Rainwater goods, ground levels, bridged damp-proof courses, cracked render, defective pointing and failed sealants are inspected. On chalk and clay ground, gullies and drainage runs are checked for blockages and water pooling against walls.

Roof and gutter checks

Roof coverings, flashings, valleys, parapet gutters and downpipes are examined. Both roof spaces were affected in Harvey v Heaver, which shows how easily roof-level defects are missed [2].

Canterbury Surveyors carries out damp investigations of this kind for landlords, housing managers and tenants across Kent, with reports written so findings can be acted on and, if necessary, relied on in proceedings.

The Expert Witness Angle: Damp Survey Evidence a Court Will Accept

Where a disrepair or fitness claim is issued, expert evidence is governed by Part 35 of the Civil Procedure Rules. The expert’s overriding duty is to the court, not to the party paying the fee [4].

Single joint experts

Under CPR r.35.7, the court may direct that evidence on an issue be given by a single joint expert instructed by both parties [4]. Harvey v Heaver shows how decisive this can be: the judge accepted the single joint expert’s findings and ordered the costed schedule to be carried out [2].

What a CPR 35 report contains

A compliant report sets out the expert’s qualifications, the instructions received, the material relied on, the facts observed, the reasoning behind each opinion and a statement of truth [4].

The RICS standard from 30 November 2026

The RICS professional standard “Surveyors acting as expert witnesses” (5th edition) takes effect on 30 November 2026, the same day as Phase 2 [3]. Damp experts will be held to that standard on independence, competence and the separation of fact from opinion. Canterbury Surveyors provides expert witness reports under CPR Part 35 for claimants, defendants and as single joint expert.

Practical Steps for Landlords and Tenants

Social landlords and housing managers

• Audit open damp cases against Phase 1 timescales and the additional Phase 2 hazards before 30 November.
• Book investigative surveys early; surveyor capacity is the bottleneck [1].
• Insist on reports that evidence the cause, and record what was done to resolve the problem, not only when deadlines were met [1].

Private landlords

• Remember that s.9A and s.11 already apply, and that Awaab’s Law is set to follow under the Renters’ Rights Act 2025 [1].
• Do not rely on “lifestyle” without evidence that the tenant is wholly or mainly responsible [2].

Tenants and their solicitors

• Keep dated photographs, repair requests and landlord responses, and ask for the landlord’s survey report.
• Where proceedings are likely, consider proposing a single joint expert under CPR r.35.7 [4].

Frequently Asked Questions

Does Awaab’s Law apply to private landlords in Kent?

Not yet. It applies to social landlords in England. The Renters’ Rights Act 2025 provides for extension to the private rented sector in due course [1].

What does Phase 2 add on 30 November 2026?

Phase 2 extends Awaab’s Law to seven additional hazard types beyond the damp, mould and emergency hazards covered by Phase 1 [1].

Can a landlord blame condensation on the tenant?

Only with evidence. In Harvey v Heaver, the High Court held that the s.9A(3) defence requires the tenant’s default to be wholly or mainly responsible [2].

Why does the RICS expert witness standard matter for a damp survey?

The 5th edition takes effect on 30 November 2026 and sets the standard for chartered surveyors giving expert evidence, including independence and the separation of fact from opinion [3].

Conclusion

Phase 2 of Awaab’s Law arrives on 30 November 2026 against a background of surveyor shortages and a warning that compliance paperwork can displace real repairs [1]. Harvey v Heaver shows what happens when a damp problem reaches court: the unchallenged expert’s findings became the judgment and the schedule of works became an order [2].

Landlords should commission root-cause damp surveys now rather than after a complaint escalates, and insist on reports that evidence the source of moisture. Tenants and solicitors should ask for those reports and, where needed, propose a single joint expert under CPR Part 35 [4].

References

1. Build News, “Surveyor shortages threaten effective Awaab’s Law compliance”, 20 October 2026. buildnews.co.uk.
2. Gatehouse Chambers, “Harvey v Heaver (2026) EWHC 1671 (KB), 3 July 2026”, 13 July 2026. gatehouselaw.co.uk.
3. RICS, “Surveyors acting as expert witnesses” (5th edition). rics.org.
4. Ministry of Justice, Civil Procedure Rules Part 35. justice.gov.uk.