Mould and damp are recurring issues in rental housing and present significant risks to health and safety. Statutory obligations under the Homes (Fitness for Human Habitation) Act 2018, the Landlord and Tenant Act 1985, and the Defective Premises Act 1972 establish clear responsibilities for landlords, while tenants are required to occupy premises in a manner consistent with reasonable care.
This article provides a structured overview of the legal framework, practical implications, and remedies available.
Summary
This article outlines:
- Health Risks: Mould and damp are widespread in rental housing and pose serious health concerns.
- Key Definitions: Types of damp (condensation, penetrating, rising) and their causes.
- Landlord Duties: Statutory obligations to keep properties safe, habitable, and in repair.
- Tenant Duties: Using the property responsibly, ventilating and heating adequately, and reporting defects.
- Liability: Responsibility depends on whether damp stems from structural faults or tenant behaviour.
- Reporting and Response: Tenants should document issues; landlords must investigate and remediate promptly.
- Remedies and Defences: Tenants may seek compensation or injunctions; landlords may argue reasonable steps or tenant contribution.
- Section 21 Notices: Invalid where repair obligations are unmet, with retaliatory eviction abolished from May 2026.
- Prevention: Practical measures for both landlords and tenants to reduce risks.
Defining Mould and Damp
Mould is a fungus that thrives in moisture, appearing as black, green, or white patches on walls, ceilings, or furniture. It spreads through spores, which can trigger allergies and respiratory problems.
Damp refers to unwanted moisture in a property, creating the conditions for mould to grow:
- Condensation damp is most common, caused when warm air meets cold surfaces, often from cooking, showering, or drying clothes indoors without ventilation.
- Penetrating damp occurs when water enters through damaged roofs, cracked walls, faulty guttering, or leaking pipes.
- Rising damp is less common but serious, caused by groundwater travelling up walls due to a failed damp-proof course.
Poor ventilation, inadequate heating, and structural defects all contribute to excess moisture. Tackling the source of damp is essential to stop mould spreading.
Landlord's Legal Responsibilities
Landlords must ensure rented homes are safe, habitable, and free from serious problems like damp and mould.
- Under the Homes (Fitness for Human Habitation) Act 2018, every tenancy agreement is treated as if it promises the property will remain fit to live in.
- The Landlord and Tenant Act 1985 requires landlords to keep the structure, exterior, and key installations in repair.
- The Defective Premises Act 1972 places a duty to ensure properties are reasonably safe for occupation.
Landlords must investigate complaints promptly, carry out repairs, and prevent recurrence through proper maintenance, such as fixing leaks, repairing roofs, or improving insulation.
Failure to address damp or mould may constitute a breach of covenant and expose landlords to claims for disrepair, compensation, or enforcement action.
Awaab’s Law: New Duties for Social Landlords
The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, commonly referred to as Awaab’s Law, came into force in October 2025. The regulations impose strict statutory obligations on social landlords, including local authorities and housing associations, to investigate and remedy damp, mould, and emergency repair issues within prescribed timeframes.
The legislation was introduced following the death of two‑year‑old Awaab Ishak, caused by prolonged exposure to mould in social housing. It represents a significant strengthening of tenant protections and establishes clear compliance standards for councils and other social landlords.
Under the new regime:
- Social landlords must investigate and remedy reported cases of damp and mould promptly, with statutory deadlines for both initial inspection and completion of remedial works.
- Emergency repairs must be carried out within a short, legally defined period to safeguard tenant health and safety.
- The law initially prioritises damp and mould hazards, but from 2026 its scope will extend to other prescribed housing risks, creating a comprehensive framework for safe and habitable social housing.
Failure to comply may expose social landlords to enforcement action, regulatory sanctions, and reputational damage. The statutory scheme is designed to ensure that tenants are not left in unsafe or unhealthy conditions due to delayed or inadequate repairs.
For further details, see the official guidance for social landlords and tenants in social housing.
Tenant's Responsibilities
Tenants must occupy premises in a “tenantlike manner,” a common law duty requiring reasonable care. This includes:
- Ventilating rooms and using extractor fans when cooking or bathing.
- Maintaining steady heating to reduce condensation.
- Avoiding practices that exacerbate damp, such as drying clothes on radiators or blocking air vents.
- Promptly notifying landlords of defects, ideally in writing with supporting evidence.
Neglect of these duties may amount to contributory behaviour, limiting remedies in subsequent proceedings.
Identifying the Causes of Mould and Damp
Determining the cause is key to deciding responsibility:
- Structural faults (leaks, failed dampproof course, poor insulation) fall within the landlord’s responsibility.
- Lifestyle factors (lack of ventilation, ignoring moisture buildup) may fall to the tenant.
Accurate diagnosis is essential to allocate responsibility and ensure proportionate remediation.
Reporting Mould and Damp Issues
Tenants should provide written notice of defects, supported by photographs or videos. Records of correspondence should be retained, as they may be required in proceedings or local authority investigations.
Reports should specify the location, duration, and impact of the problem, including any health risks. This evidential trail demonstrates compliance with tenant duties and provides landlords with a fair opportunity to act.
Landlord's Response and Remediation
Upon receipt of notice, landlords must investigate within a reasonable timeframe. Temporary measures such as painting over mould are insufficient. Remediation must address both the visible growth and the underlying cause.
Appropriate measures may include professional cleaning, installation of extractor fans, repair of damp-proof courses, or insulation upgrades. Failure to provide long-term solutions may constitute a breach of statutory duties.
Legal Remedies for Tenants
Where landlords fail to act, tenants may pursue remedies including:
- Escalation through formal complaints or pre-action correspondence.
- Referral to local authorities, who may issue improvement notices under the Housing Act 2004.
- Court proceedings seeking orders for repair and compensation.
- Disrepair claims for damages, including general damages (loss of amenity), special damages (financial loss), and health-related damages where supported by medical evidence.
- Injunctions compelling landlords to undertake urgent works.
Rent withholding or tenant-arranged repairs may be lawful in limited circumstances, but should only be undertaken with legal advice.
Defences for Landlords
Landlords can mitigate risk and demonstrate compliance with the law by:
- Conducting regular inspections and maintaining records.
- Providing tenants with guidance on ventilation and heating.
- Commissioning professional damp surveys where issues recur.
- Training property managers to identify early signs of moisture.
Such measures strengthen a landlord’s position in defending claims and reduce liability exposure.
Landlords may also argue that the tenant contributed to the problem, for example, by failing to ventilate or blocking vents. Courts will assess whether landlords took reasonable steps or whether tenant behaviour caused the issue.
Mould and Damp and Section 21 Notices
Landlords cannot serve a valid Section 21 notice if they have failed to meet repair obligations. This safeguard prevents evictions from being used to avoid repairs. If tenants complain about damp and mould and landlords ignore repairs, any Section 21 notice may be challenged and struck out. Courts and local authorities will check compliance with the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.
Retaliatory Eviction Protections
These protections are particularly relevant where tenants have complained about damp and mould, as landlords may otherwise attempt to evict rather than repair.
Retaliatory eviction, sometimes called “revenge eviction,” arises when landlords serve a Section 21 notice after tenants request repairs or raise concerns about poor housing conditions, such as damp and mould. Under Section 33 of the Deregulation Act 2015, the first statutory protections against this practice were introduced. Since October 2015, and extended to all assured shorthold tenancies from October 2018, a Section 21 notice has been invalid where a local authority has issued an Improvement Notice or Emergency Remedial Action Notice following a tenant’s complaint. These measures were designed to ensure tenants could raise concerns about hazards without immediate risk of losing their home.
Policy Context: Section 21 Reform
While the 2015 protections were significant, they relied on local authority intervention.
From 1 May 2026, retaliatory eviction will be abolished altogether. Landlords will no longer be able to use Section 21 notices to remove tenants simply because repair issues, including complaints about damp and mould, were raised. This change closes a longstanding gap in tenant security and ensures that complaints about unsafe housing conditions must be met with remedial action, not eviction.
The Renters’ Rights Act 2025 (abolishing Section 21 “no-fault” evictions) strengthens the link between property condition and possession. Once Section 21 is removed, landlords must rely on Section 8 grounds, requiring proof of breach. Landlords who fail to maintain habitable premises will face significant difficulty in regaining possession.
See our related blogs:
- Section 21 vs Section 8: A Landlord’s Guide to ‘No-Fault’ Eviction in the UK
- The Renters' Rights Bill: What It Means for Landlords and Tenants
Preventing Mould and Damp: Best Practices
The prevention of mould and damp is a matter of both contractual obligation and prudent property management. Landlords and tenants alike are expected to take reasonable steps to mitigate risk, consistent with their respective duties under housing law and tenancy agreements.
Landlord Obligations
Landlords bear the primary responsibility for ensuring that premises are structurally sound and adequately equipped to resist damp. Preventive measures include:
- Routine maintenance of roofs, gutters, and external walls to prevent water ingress.
- Installation and upkeep of extractor fans in kitchens and bathrooms to ensure adequate ventilation.
- Provision of effective insulation and reliable heating systems to reduce condensation.
- Deployment of humidity monitors or dehumidifiers in properties known to be susceptible to damp.
- Training of property managers or agents to identify early indicators of moisture or mould and to initiate remedial action without delay.
These measures demonstrate compliance with statutory obligations and reduce the likelihood of liability for disrepair claims or enforcement actions.
Tenant Obligations
Tenants are required to occupy the premises in a “tenant-like manner,” which includes adopting reasonable practices to limit moisture accumulation. Preventive conduct should include:
- Regular ventilation of rooms, including the use of extractor fans when cooking or bathing.
- Drying clothes outdoors or in adequately ventilated areas within the property, rather than directly on radiators.
- Wiping condensation from windows and other surfaces to prevent mould growth.
Failure to adopt such practices may be considered contributory behaviour, potentially limiting the tenant’s remedies in the event of a dispute.
A Shared Responsibility
The law recognises that the prevention of mould and damp is a shared responsibility. Landlords must provide premises that are structurally fit for habitation, while tenants must use those premises in a manner consistent with reasonable care.
Mould and damp are more than inconvenient. They can harm health and damage homes if left untreated. Landlords must provide safe, habitable properties, while tenants should use them responsibly and report problems promptly. These shared responsibilities are designed to protect both sides and ensure that homes remain fit to live in.
Addressing issues promptly is essential. A quick response prevents minor problems from becoming major disputes, saves money in the long run, and safeguards the well-being of those living in the property. Clear communication, good recordkeeping, and a willingness to act are the best ways to resolve concerns before they escalate.
For further guidance, see:
How Can We Help
We understand how stressful mould and damp issues can be for both landlords and tenants. Our team provides clear, practical advice on your legal rights and obligations, helping you resolve disputes quickly and effectively. Whether you are a landlord facing claims of disrepair or a tenant living in unsafe conditions, we can guide you through the process, ensuring the right steps are taken and your position is protected.
From advising on compliance with the Homes (Fitness for Human Habitation) Act 2018 to supporting clients with disrepair claims or injunctions, we combine legal expertise with a human approach. If you are dealing with mould or damp in a rental property, we are here to help you achieve a fair and lasting solution.
Contact us at 0330 173 6983 or send us an email at info@witansolicitors.co.uk.
