Tenants' Rights on Damp and Mould (UK)

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If you’re dealing with damp and mould in a rented home, it’s easy to feel stuck — worried about your health, your belongings, and whether complaining could put your tenancy at risk. Take a breath: as a tenant you have real, enforceable rights on damp and mould, and this guide explains them in plain English, along with exactly what to do.

This is general information for England, not legal advice. Rules differ in Scotland and Wales. For your situation, get advice from a qualified solicitor. Official sources: gov.uk and legislation.gov.uk.

Your rights in a nutshell

If you rent your home, you are generally entitled to:

  • A home that is fit to live in and free from serious hazards.
  • A landlord who investigates and fixes damp and mould caused by the building or disrepair, within a reasonable time.
  • Protection from being penalised for making a legitimate complaint.
  • Potential compensation where your landlord has failed in these duties and you’ve suffered as a result.

These rights come from several overlapping laws — you don’t need to memorise them, but it helps to know they exist.

The laws that protect you

  • Homes (Fitness for Human Habitation) Act 2018 — your home must be fit for human habitation throughout your tenancy. If it isn’t (and damp and mould can make it unfit), you can take your landlord to court directly.
  • Landlord and Tenant Act 1985, section 11 — your landlord must keep the structure and exterior in repair and keep installations for water, heating and sanitation working. Many damp problems trace back to these.
  • The Housing Health and Safety Rating System (HHSRS) — your local council can inspect your home, rate hazards (damp and mould is a recognised hazard category), and order your landlord to act. See HHSRS explained.
  • Awaab’s Law — requires landlords to investigate and fix reported hazards within set timescales. Read what Awaab’s Law means for you.

”It’s just condensation / your lifestyle” — is that true?

This is the response tenants hear most, and it’s often used to avoid responsibility. The honest position:

  • Condensation is real and is affected by everyday living (cooking, drying clothes, showering). But it is also driven by the building — inadequate heating, poor insulation, and especially poor ventilation.
  • A landlord cannot simply assert it’s your fault. They must investigate the cause. If the property can’t cope with normal use without growing mould, that points to a building problem, not a tenant problem.
  • Even where lifestyle is a factor, landlords often still have steps they must take (for example, improving ventilation).

So if you’ve been told “it’s your lifestyle” with no inspection, that is not a proper answer — and may itself be a failure of their duty.

How to report damp and mould (and protect yourself)

Getting this right makes everything that follows easier:

  1. Report it in writing. Email or use your landlord’s portal so there’s a dated record. If you phone, follow up in writing summarising the call.
  2. Describe it clearly — which rooms, how bad, how long, and whether it keeps coming back.
  3. Take photos and videos, with dates. Repeat over time to show it persisting or worsening.
  4. Note the impact — damaged belongings, and any health effects on you or household members (especially children, older people, or anyone with respiratory conditions).
  5. Keep everything — your reports, their replies, and any written summary they give you.

This record is the foundation of any later complaint or claim.

What your landlord must do

Once you’ve reported it, your landlord should:

  • Investigate the cause within a reasonable time (and within fixed timescales where Awaab’s Law applies).
  • Give you a written summary of what they found and their plan, where Awaab’s Law applies.
  • Carry out the repairs needed to fix the underlying cause — not just paint over the mould.
  • Act urgently where there’s a serious and immediate risk to health.

What to do if your landlord doesn’t act

If your landlord ignores you or won’t fix the problem:

  1. Chase in writing, referring back to your original report and any missed deadlines.
  2. Complain formally using their complaints procedure. Social tenants can then escalate to the Housing Ombudsman.
  3. Contact your local council’s environmental health team. They can inspect under HHSRS and require your landlord to act.
  4. Get legal advice about a disrepair or unfitness claim, which may include compensation. See how to claim and how to find a solicitor.

Keep paying your rent. Withholding it can jeopardise your tenancy and rarely helps. Pursue the proper remedies instead.

Could you be owed compensation?

If your landlord failed to deal with damp and mould and you suffered as a result — damaged belongings, ill health, or simply not being able to enjoy your home — you may be entitled to compensation. How much depends on the severity and how long it went on.

Try our damp and mould compensation calculator for an indicative range, then read how to claim.

Worried about eviction for complaining?

Many tenants stay silent for fear of a “revenge” eviction. There are protections against retaliatory eviction, and you should not be punished for raising a genuine hazard. If you’re threatened after complaining, get advice quickly — see find a solicitor.

Keep reading

Frequently asked questions

Is my landlord responsible for damp and mould?

In most cases, yes — where the damp or mould comes from a problem with the building (a leak, poor ventilation, disrepair, penetrating or rising damp), it's your landlord's responsibility to investigate and fix it. Landlords cannot simply blame your 'lifestyle' without investigating the property.

Can I be evicted for complaining about damp and mould?

Evicting or threatening a tenant for raising a legitimate disrepair complaint is known as 'retaliatory eviction' and there are protections against it. Don't let fear of eviction stop you reporting a hazard — get advice if you're threatened.

What if my landlord says the mould is my fault?

Condensation is influenced by how a home is used, but it is also driven by the building — heating, insulation and ventilation. A landlord must actually investigate the cause rather than defaulting to blaming you. If they won't, that itself may be a failure to meet their duties.

How quickly does my landlord have to fix damp and mould?

Landlords must act within a reasonable time, and under Awaab's Law social landlords (and, increasingly, private landlords) face fixed deadlines to investigate and repair reported hazards.

Do I have to keep paying rent if there's damp and mould?

Yes — keep paying your rent. Withholding rent can put you at risk of eviction and rarely helps your case. The right route is to report the problem, keep records, and pursue the proper remedies, including a possible compensation claim. See how to claim.

I have damp in my house — who do I call?

If you rent, tell your landlord or letting agent first, in writing. If they don't act, contact your local council's environmental health team, who can inspect under HHSRS. For a dispute or claim, speak to a housing disrepair solicitor. If you own your home, an independent damp and mould surveyor can diagnose the cause.

Does house insurance cover damp and rising damp?

Usually not. Most home insurance treats damp, rising damp and condensation as maintenance issues rather than sudden insured events, so gradual damage is typically excluded — though a one-off escape of water (a burst pipe) may be covered. Check your policy wording.

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