Mould and Damp: What Tenants Can Do

Not all damp is the same, and the cause affects who is responsible for fixing it:

• Rising damp: Moisture rising from the ground through the walls or floor due to a failed or absent damp-proof course. This is a structural issue — almost always the landlord's responsibility.
• Penetrating damp: Moisture coming through walls, roofs, or windows due to structural defects, failed pointing, damaged gutters, or leaking pipes. Again, this is a structural issue and the landlord's responsibility.
• Condensation: Moisture from daily activities (cooking, showering, breathing) that condenses on cold surfaces and leads to black mould growth. Landlords often blame condensation on tenants' lifestyle, but this defence is weaker than many realise — inadequate heating, poor insulation, and lack of ventilation are structural issues the landlord must address.

Even where condensation is a contributing factor, if the property lacks adequate heating, ventilation, or insulation, the landlord may still be in breach of their obligations under the Homes (Fitness for Human Habitation) Act 2018.

Several pieces of legislation protect tenants from damp and mould:

• Homes (Fitness for Human Habitation) Act 2018: Requires all rented homes to be fit to live in throughout the tenancy. The Housing Health and Safety Rating System (HHSRS) lists damp and mould growth as a Category 1 hazard — the most serious type — when it poses a significant risk to occupants.
• Landlord and Tenant Act 1985, Section 11: Requires landlords to maintain the structure and exterior of the property. Penetrating damp and rising damp are structural issues covered by this duty.
• Awaab's Law (Social Housing Regulation Act 2023): Following the death of two-year-old Awaab Ishak from mould-related illness in a social housing property, Awaab's Law imposes strict timescales on social landlords: 14 days to investigate a hazard, a further 7 days to begin repairs, and 24-hour emergency response to severe risks. The government has indicated these rules will extend to the private rented sector.

Document the problem thoroughly before reporting it:

• Photograph every area affected by damp or mould, including any health impacts if relevant
• Note when you first noticed the problem and whether it is getting worse
• Note any related issues such as broken extractor fans, inadequate heating, or water leaks

Report the problem to your landlord in writing with your photographs attached. State clearly that this is a formal report of a housing hazard and that you expect them to investigate and provide a written response within 14 days.

If the property is a social housing property (council or housing association), Awaab's Law timescales apply directly. For private rentals, 14 days is a reasonable investigation period. Follow up if you do not receive a substantive response.

If your landlord ignores your report or denies responsibility, you have strong enforcement routes:

• Environmental health: Report to your local council's environmental health team. They have powers under the Housing Act 2004 to inspect properties and serve enforcement notices on landlords where Category 1 hazards (including damp) are found. This service is free and councils are generally responsive to damp and mould reports.
• Housing disrepair claim: If you have suffered harm — health impacts, damage to belongings, inability to use parts of the property — you may have a claim for compensation against your landlord in the county court. A solicitor specialising in housing disrepair can advise you, and many operate on a no-win, no-fee basis for serious cases.
• LGSCO (for social housing): If your landlord is a housing association or council, you can complain to the Housing Ombudsman Service (not LGSCO) after completing the landlord's internal complaints process.