Tenants’ Rights – Damp and Mould UK

Damp and mould in a property can cause severe damage to the property and harm tenants’ health, but determining who’s responsible for rectifying these issues can be challenging.

This article explains who is responsible for damp and mould in England and Wales, the preventative measures landlords should take, and when to seek legal assistance. For more information and advice, contact Helix Law today.

Who Is Responsible for Damp in a Rented Property?

Landlords’ Legal Obligations

The Landlord and Tenant Act 1985 requires landlords in England and Wales to keep in repair the structure and exterior of the dwelling and installations for the supply of water, gas, electricity, sanitation, space heating and water heating. This obligation can include repairing defects that contribute to damp and mould, such as leaking roofs, defective gutters, failed damp-proofing, defective windows, or inadequate heating and ventilation systems where those fall within the landlord’s obligations.

Additionally, the Homes (Fitness for Human Habitation) Act 2018 requires landlords to ensure their tenants’ homes are safe and fit for human habitation at the start of the tenancy and remain so throughout the tenancy. Therefore, they are liable for the necessary repairs to ensure the property meets those standards. Damp and mould may be relevant to whether a property is fit for human habitation, particularly where it presents a health risk. Tenants can bring court action if the home is unfit, and the court may order works and/or compensation.

The Renters’ Rights Act 2025 will further change the position in England. It provides for Awaab’s Law and a modernised Decent Homes Standard to be extended to the private rented sector. These changes are expected to be implemented in phase 3.

While landlords are generally obligated to resolve most property issues, there are exceptions. If the tenant’s behaviour is the true cause of the problem (for example, refusing to use adequate heating or ventilation facilities that are available and working), the landlord may not be liable for all resulting damage. However, landlords should be cautious about assuming that damp or mould is simply a “lifestyle” issue. 

The cause of damp can be difficult to identify, leading to disputes between landlords and tenants over who is responsible.

What Are the Tenants’ Rights?

Tenants have a right to live in a home that is safe and fit for habitation. If damp or mould is caused by structural defects, water ingress, defective heating, defective ventilation, faulty installations or other disrepair, the landlord should investigate and take appropriate steps within a reasonable time. To protect their position, tenants should take the following steps:

• Take photographs and videos of the affected areas.
  
• Notify their landlord or letting agent in writing, providing details and evidence of the issue, when it started, where it is located and any concerns.
  
• Communicate with the landlord and facilitate access to the property so they can inspect the damage and arrange repairs.
  
• Keep all communications, attendances, worsening conditions and attempted repairs documented.
  
• If the landlord fails to address the issue within a reasonable timeframe, contact the local authority, as the council can issue an improvement notice to the landlord.

What Should Landlords Do To Prevent Mould and Damp?

Landlords should use the following measures to minimise mould and damp:

Ventilation

While tenants should ensure adequate ventilation during their tenancy, landlords are responsible for ensuring that the property has adequate ventilation and that any existing ventilation systems are working properly. In many properties, this will include maintaining extractor fans in kitchens and bathrooms to reduce condensation, ensuring windows operate correctly and including trickle vents, which form part of the window frame and provide additional airflow.

Insulation

Proper insulation is vital, particularly in the UK, where temperatures can be extremely cold. Landlords should consider whether poor insulation or inefficient heating is contributing to condensation, damp, or mould. Consider insulating walls, lofts, and floors, and installing double-glazed windows wherever possible.

Damp-Proof Course

Damp-proof courses (DPCs) prevent moisture from travelling up the walls and causing damp conditions. Without DPCs, properties are more likely to suffer from wood rotting, plaster damage, and mould. Landlords should investigate signs of rising damp, penetrating damp or failed damp-proofing, particularly in older buildings. Where a defective damp-proof course or other building defect is identified, remedial works may be required.

Anti-Mould Paint

Anti-mould paint can be an effective and relatively cheap way to minimise dampness. It’s particularly useful in warmer areas, such as kitchens and bathrooms. The paint contains chemicals that kill mould and prevent its growth.

Maintain Roofing and Guttering

Landlords should regularly inspect and clean their roofs and gutters to ensure the property doesn’t let in water. Roof cracks or blocked drains can result in water ingress, leading to significant damage, including dampness on walls and ceilings. Property owners should promptly address issues in these areas to prevent damage and ensure the residence remains livable.

Lease Terms

Tenancy agreements often include clauses requiring residents to take specific steps to prevent damp and mould. While minimal, tenants still have a certain degree of responsibility to keep the property in a habitable condition. For example, the terms might require them to heat and ventilate the property regularly and to notify the landlord of any problems within a specified time frame.

When to Seek Legal Help

Before speaking to a lawyer, tenants should contact their landlords directly and give them a chance to rectify the issues. If their landlord is slow to respond or refuses to help, they should contact their local council and provide evidence of their attempts to communicate. At this stage, tenants may want to contact a solicitor to assist with their complaint.

The council may inspect the property and assess hazards using the Housing Health and Safety Rating System (HHSRS). If the council identifies a serious Category 1 hazard, it must take appropriate enforcement action. That may include serving an improvement notice, making a prohibition order, carrying out emergency remedial action or taking other steps depending on the circumstances.

If the landlord fails to comply with an improvement notice, the local authority may prosecute or impose a civil penalty, depending on the circumstances. A tenant or a local authority may also apply for a Rent Repayment Order where the statutory conditions are met. The availability and amount of any Rent Repayment Order will depend on the offence, the period of non-compliance, and the evidence. 

Alternatively, the tenant may apply to the court for an injunction, forcing the landlord to comply. If the landlord has failed to comply with an improvement notice, tenants may also claim a Rent Repayment Order, which reimburses them for the rent paid during the period of non-compliance.

Tenants may also have a civil claim for disrepair or for breach of the fitness-for-human-habitation obligation. Possible remedies include an order requiring works and/or compensation. Legal advice should be taken before issuing proceedings, withholding rent, paying for works personally, or seeking to deduct repair costs from rent.

You should obtain legal advice on your specific circumstances before deciding which route to pursue.

Frequently Asked Questions

How Long Does a Landlord Have To Fix Mould in the UK?

The law doesn’t set a specific timeframe for repairs but requires the landlord to act within a reasonable time after notification. Landlords are responsible for ensuring their properties are safe, so they should prioritise issues that could cause harm to the occupants and render the property unlivable.

Can a Tenant Refuse To Pay Rent if there Is Mould in the UK?

Tenants do not have the right to withhold rent due to mould, and a failure to pay rent could result in possession proceedings. Sometimes, tenants can pay for the necessary work and then recover the costs from future rent. However, this can be risky, and you should consult a solicitor before deciding how to proceed.

Final Thoughts

Damp and mould in rental properties can pose serious health risks and cause property damage, making it essential for tenants and landlords to understand their rights and responsibilities. Landlords must maintain safe and habitable living conditions, including addressing structural issues contributing to dampness and mould. Tenants should document issues, communicate effectively with their landlords, and take reasonable steps to prevent dampness.

If landlords fail to act within a reasonable timeframe, tenants can contact the local council or pursue legal remedies. Seeking legal advice is crucial to choosing the best course of action.

If you’re dealing with rental property issues, our experienced solicitors can advise you on the best next steps and guide you through legal proceedings. Contact Helix Law today for more information.

On 28 October 2025, the long-awaited Renters Rights Act 2025 (‘the Act’) received Royal Assent, meaning it is now law. This includes very significant changes for landlords and tenants, including changes to tenancy agreements, tenant rights, deposits, notices and eviction processes, amongst others. For the current position on this, see our blog here. This legislation includes numerous changes designed to alter the relationship between landlords and tenants, aimed at giving tenants greater security of tenure and rights. Landlords should ensure they remain up to date on the legislation to avoid later difficulties. Contact our team if you need assistance, and we will be happy to help.