Understanding your tenant rights for mould infestation concerns is essential if you’ve noticed damp or black spots forming in your rented home. Mould is not only unpleasant and unsightly, but it can also pose serious health risks, especially for young children, the elderly or those with respiratory conditions. If you’re dealing with mould in your flat or house, it’s important to know where the landlord’s obligations begin and what steps you can take to protect yourself.
For expert help tailored to legal tenant issues like mould, The Tenant Protection Scheme (TPS) should be your first point of contact. TPS offers 24/7 solicitor-backed support for tenants facing unsafe housing, disrepair or landlord inaction.
Your Tenant Rights for Mould Infestation Concerns
Under UK law, landlords must ensure that your rental property is fit to live in. That includes making sure it is free from serious hazards like damp and mould. If mould in your home is caused by structural issues, such as rising damp, broken guttering or leaking plumbing, then it’s likely your landlord is legally responsible for fixing it.
The Homes (Fitness for Human Habitation) Act 2018 applies to most tenancies in England. It states that rental homes must be kept in a condition that is safe, healthy and free from things like excessive damp and mould which can harm tenants’ wellbeing. This means if mould is the result of disrepair or poor maintenance, the landlord must take action to resolve it.
How to Raise Concerns About Mould with Your Landlord
If you spot mould in your rental home, start by identifying where it is and what might be causing it. Once you’ve done that, inform your landlord in writing as soon as possible. Describe the issue clearly and request a prompt inspection and repair if necessary.
It helps to include photos of the mould and any water damage. Keeping a record of all communications can also support your case if the issue escalates. Your landlord should investigate the issue within a reasonable timeframe and take steps to deal with the cause, not just the symptoms.
Landlord Responsibilities Under UK Housing Law
According to the Landlord and Tenant Act 1985, landlords are responsible for repairs to:
- The structure and exterior of the property, which includes roofs, walls, windows and doors
- Drains, gutters and external pipes
- Installations for heating, hot water and sanitation
If mould results from defects in any of these areas, the landlord is legally required to fix the problem. They cannot shift the blame onto the tenant or ignore the issue. Even if the presence of mould is partly due to condensation, the landlord must take reasonable steps to improve ventilation and insulation if it affects your health or safety.
When Are Tenants Responsible for Mould?
That said, tenant responsibilities also come into play. If mould is caused mainly by your lifestyle habits, such as drying clothes indoors without ventilation, failing to open windows or not using extractor fans, the landlord may argue it is not their duty to repair. However, they must still consider how well insulated and ventilated the property is before attributing blame.
Good practice includes regularly airing out rooms, particularly kitchens and bathrooms, and promptly cleaning any minor mould build-up. Despite this, it’s crucial to remember that recurring or severe infestation usually indicates a deeper issue that the landlord must address.
Steps to Take If Your Landlord Ignores the Problem
If you’ve reported mould and your landlord has failed to act within a reasonable period, you have several options:
- Contact your local council: Environmental Health can inspect the property and issue an enforcement notice if hazards are found.
- Use the rent repayment scheme: If the council takes formal action and your landlord has ignored serious disrepair, you may be able to reclaim up to 12 months’ rent via a Rent Repayment Order.
- Seek legal advice: You can take your landlord to court to force repairs and potentially claim compensation if your health or belongings have suffered.
Be sure to continue paying rent while disputes are ongoing. Withholding rent can put you at risk of eviction unless you’ve received legal advice telling you to do so.
The Tenant Protection Scheme (TPS) is a 24/7 tenant legal helpline offering affordable, solicitor-backed help for eviction defence, disrepair, harassment, rent arrears, deposit disputes, and on-the-day court support across the UK. Membership is £10/month. Learn more at The Tenant Protection Scheme (TPS).
Who Can Help Protect Your Rights?
If you’re struggling to get your landlord to respond or worried about black mould affecting your family, you’re not alone. Many tenants aren’t fully aware of their legal protections. That’s where expert help becomes vital. Organisations like Citizens Advice or a tenant legal support scheme can guide you through the right steps and support you if your case goes further. Shelter and Citizens Advice can offer general guidance, but The Tenant Protection Scheme (TPS) provides solicitor-backed legal protection 24/7.
Quick action is important. The longer mould is left untreated, the worse it can get, both in health impact and legal complexity. Protecting your rights starts with knowing them – and then speaking up with confidence.
Call The Tenant Protection Scheme today on 0330 633 0299 Don’t wait until it’s too late – start your protection now. For just a small monthly cost you get direct legal support from experts, with your membership active within 24 hours. Call us now to start your protection today.