Tenants’ Rights – Damp and Mould UK

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

This article explains who is responsible for damp and mould in the UK, 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 their properties in good repair. This obligation includes rectifying defects that could contribute to dampness, such as a leaking roof or poor ventilation. 

Additionally, Homes (Fitness for Human Habitation) Act 2018 requires landlords to ensure their tenants’ homes are safe and free from harm. Therefore, they are liable for the necessary repairs to ensure the property meets those standards. 

While landlords are generally obligated to resolve most property issues, some exceptions exist. If the tenant’s behaviour causes damage, such as a failure to ventilate or heat the property correctly, the landlord is unlikely to be liable. 

The cause of damp can be difficult to identify and this can lead to disputes between landlords and tenants as to who is responsible for the damp.

What Are the Tenants’ Rights?

Tenants have a right to live in a safe home suitable for habitation. If a tenant has dampness or mould caused by structural problems or faulty installations, their landlord must resolve the issue promptly. To protect their rights, tenants should take the following steps:

• Take photographs of the affected areas. 
• Notify their landlord or letting agent in writing, providing details and evidence of the issue. 
• Communicate with the landlord and facilitate property access so they can inspect the damage and arrange repairs. 
• Keep all communications 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 installing extractor fans in kitchens and bathrooms to reduce condensation. They should also ensure windows operate correctly and include 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 insulate walls, lofts, and floors and install 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, therefore, fit their properties with functioning DPCs, especially if it’s an older building. 

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 can’t let in water. Roof cracks or blocked drains can result in water ingress, which can cause significant damage, including dampness on walls and ceilings. Property owners should quickly rectify issues in these areas to avoid damage and ensure the residence is 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 state that they must regularly heat and ventilate the property and 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 attempted communications. At this stage, tenants may want to contact a solicitor to assist with their complaint.

The council usually conducts a Housing Health and Safety Rating System (HHSRS) assessment. They will issue an improvement notice to the landlord if they consider the property hazardous. The notice details the relevant hazard, the work required to rectify it, and the deadline for completion. 

If the landlord fails to comply with the improvement notice, the tenant should seek legal advice. Various options are available; for example, the local authority may take legal action against the landlord, as ignoring an improvement notice is a criminal offence. 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, where they receive reimbursement of the rent paid during the period of non-compliance. 

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 provide a set timeframe for repairs but states that the landlord must 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 lead to serious health risks and 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. For now landlords can continue to use the existing processes and should serve notices and issue claims promptly wherever possible to take advantage of the time period before the Act is fully implemented. When the Act is fully implemented it will no longer be possible to pursue possession claims via the accelerated possession route as this will no longer exist. Section 21 notices are being abolished. Existing court forms will be changing. Landlords should ensure you 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.