If you’re struggling with leaking ceilings, discoloured walls or musty smells, this Tenant Rights Damp Mould Repair Guide explains exactly what you can do to take control. Damp and mould in rented homes can cause major headaches, but you don’t have to put up with it in silence. The Tenant Protection Scheme (TPS) offers immediate legal support if you’re facing unsafe living conditions due to landlord inaction.
Your Legal Rights: Tenant Rights Damp Mould Repair Guide
In the UK, the law protects tenants from living in unsafe or poorly maintained homes. If your property is affected by damp or mould, your landlord may be legally required to carry out certain repairs. Under the Landlord and Tenant Act 1985, they’re responsible for making sure the structure and exterior of your rental property are in good condition. This includes tackling problems like penetrating damp, rising damp and issues caused by poor ventilation.
If mould appears as a result of disrepair, such as a roof leak or failing guttering, your landlord must sort it out in a reasonable timeframe. They must also address anything that might make your home unfit to live in under the Homes (Fitness for Human Habitation) Act 2018.
Understanding the Tenant Responsibilities in This Guide
While your landlord has key responsibilities, you’re expected to do your bit too. Everyday condensation from cooking or drying clothes without ventilation can cause black mould if not managed. So, it’s important to keep your home well-aired, wipe down condensation where possible and report any issues early.
However, mould due to structural faults or a lack of proper ventilation from the building’s design is not your fault. Be sure to document the signs and speak up. You are not expected to fix physical building issues – that falls to your landlord.
How to Raise the Problem with Your Landlord
Start by contacting your landlord or letting agent in writing. Include the date, a clear description of the issue and photos if possible. Be firm but polite. Ask for confirmation of when the repair will be dealt with. Under Section 11 of the Landlord and Tenant Act 1985, they have a legal duty to act on disrepair and should respond promptly.
If you keep getting ignored or repairs aren’t carried out within a reasonable time (usually within 14–28 days depending on severity), then it’s time to escalate. You have options. Local councils can issue enforcement notices, or you could seek support from housing solicitors. 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).
Health Problems Caused by Damp and Mould
Ongoing damp and mould issues can seriously affect your health. It’s not just unsightly – it can trigger breathing issues, asthma, skin irritation and more, especially in vulnerable groups like children, older people and those with existing conditions. That’s one reason the law treats it seriously.
Medical evidence isn’t required to request a repair, but if you or someone in your household has been affected, it may strengthen your case when pursuing legal or council support. Keep GP records and photos if this applies.
Gathering Evidence to Support your Case
If your landlord delays or refuses to act, having a solid record helps. Here’s what to do:
- Take clear photos of affected areas with dates
- Note any health symptoms you or others are experiencing
- Keep a copy of all communications with your landlord or letting agent
- Log when you first noticed the problem and any previous complaints
- If safe to do so, monitor humidity with a hygrometer
Consistent records show that you’ve been reasonable and allow you to take further steps if needed.
When to Get the Local Council Involved
If your landlord ignores you or refuses to carry out the work, contact your local council’s Environmental Health department. They can inspect your property and issue a legal notice requiring repairs. Under the Housing Health and Safety Rating System (HHSRS), councils assess hazards like damp and mould and can take enforcement action where necessary.
It’s wise to let your landlord know before contacting the council – in case it encourages prompt action. But you don’t need to wait endlessly if the problem affects your health or safety.
Seeking Legal Help or Compensation
If you’ve suffered due to damp or mould caused by your landlord’s failure to act, you may be entitled to compensation. This can include:
- Inconvenience and discomfort
- Damage to personal belongings
- Poor living conditions
Legal advice is essential here. You may qualify for support under a disrepair claim or get help through tenant protection memberships, which include expert legal back-up. TPS offers access to legal expertise on disrepair claims if your landlord fails in their responsibilities.
Time Limits: Don’t Delay Action
In general, there’s a six-year limitation period to bring a disrepair claim in court. But don’t leave things that long. Acting early helps prevent health risks and ongoing property damage. You’re more likely to achieve a good outcome when issues are raised promptly and well-documented.
What if Your Landlord Blames You?
Sometimes landlords may wrongly say mould is your fault. If they’re trying to dodge responsibility, stay calm but firm. Point to any structural reasons or previous leaks you’ve reported. Ask for a written explanation and consider contacting your local council or a solicitor if needed.
Unless it’s clearly a lifestyle issue like never opening windows, the cause is often a lack of adequate ventilation provision, insulation or maintenance. Those are landlord responsibilities.
Final Thoughts – Don’t Suffer in Silence
Living with damp and mould shouldn’t be the norm. You have clear legal rights, and there are paths to hold landlords accountable. This Tenant Rights Damp Mould Repair Guide gives you the knowledge to act confidently, protect your health, and push for fair treatment.
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.