Damp and Mould: Tenant Rights in England

If you rent your home in England and it has damp or mould, your landlord may be legally responsible for dealing with it. What applies depends on your tenancy and on the cause of the problem, but several laws can be relevant.

Repairing obligations

Under the Landlord and Tenant Act 1985, most tenancies include duties on the landlord to keep the structure and exterior of the property in repair, and to keep installations for water, gas, electricity, sanitation, space heating and hot water in working order. If damp or mould results from a defect the landlord is responsible for repairing — a leaking roof, failed guttering, a broken extractor fan or faulty heating, for example — those repairing obligations can require them to act.

Damp caused purely by a building defect is generally the landlord's responsibility. Where condensation is involved, responsibility can be less clear-cut: it may depend on whether the property has adequate ventilation and heating, and both landlord and tenant behaviour can be relevant. That is one reason it helps to establish and record the cause.

Fitness for human habitation

The Homes (Fitness for Human Habitation) Act 2018 gives most tenants in England the right to a home that is fit to live in at the start of and throughout the tenancy. Serious damp and mould can make a home unfit. If a landlord fails to keep the property fit, a tenant may be able to take action through the courts to require repairs and, in some cases, compensation.

Awaab's Law

Awaab's Law introduces legal time limits for social landlords in England to investigate and fix hazards such as damp and mould within set periods. It is being phased in from 2025 onwards, with the scope and the specific timescales expanding in stages.

As currently framed, Awaab's Law applies to the social-rented sector in England. If you rent privately, you rely on the repairing obligations and fitness-for-habitation rules above, together with your council's powers to act on hazards.

How to report damp and mould

1. Tell your landlord or letting agent in writing — email or letter, not just a phone call — describing the problem, where it is and when it started.
2. Include photographs and keep copies of everything you send and receive.
3. Give the landlord reasonable time to inspect and respond.
4. Keep a dated record of the problem, any health effects, and all contact.

For a step-by-step method, see our guide on reporting damp to your landlord.

Where to get help

• Citizens Advice offers free, confidential guidance on repairs in rented housing.
• Your local council's Environmental Health team can inspect a property and, where hazards are serious, require the landlord to act.
• Shelter provides housing advice and support.

If your landlord does not respond, escalating to Environmental Health is often the most effective next step for a private tenant. Social housing tenants can also use their landlord's formal complaints process and, if unresolved, the Housing Ombudsman.

Looking after the home too

While pursuing your landlord's responsibilities, it is still worth reducing moisture where you can — ventilating after cooking and bathing, and managing condensation. This does not remove the landlord's legal duties, but it helps limit damage in the meantime. See how to stop condensation for practical steps.