Tenant legal rights for damp and mould repairs are essential to understand if you’re living in a rented property in the UK. Mould patches on your walls or damp patches creeping through your ceiling aren’t just unpleasant, they could be signs that your home needs urgent repair. As a tenant, you have clear legal protections, and your landlord has responsibilities they can’t ignore. If you’re facing problems with disrepair and your landlord isn’t responding, The Tenant Protection Scheme (TPS) can provide expert legal support to help you take action quickly and effectively.
What Are Your Tenant Legal Rights for Damp and Mould Repairs?
Under the Landlord and Tenant Act 1985, your landlord is legally responsible for keeping your home in a good state of repair. This includes dealing with issues like damp and mould when they relate to the structure, exterior, or services provided as part of the tenancy. If untreated, mould can pose serious health risks, especially for children, the elderly, or people with respiratory issues. For this reason, the law is very clear: landlords must take problems like rising damp or inadequate ventilation seriously.
If damp or mould results from a structural issue, broken window seals, plumbing leaks, or poor ventilation systems, then it is your landlord’s responsibility to fix it. You are expected to report the issue promptly and cooperate with any access required for repairs. However, you cannot be held responsible for things outside your control, like faulty guttering causing penetrating damp.
Tenant Legal Rights for Damp and Mould Repairs: When Does Your Landlord Have to Act?
Your landlord must respond within a reasonable timeframe once they’re aware of the issue. For urgent repairs such as mould linked to water leaks or severe damp affecting health, landlords typically must fix the problem within 14 days. In less severe cases, they still should act within a reasonable period, generally no longer than a month.
Delays beyond that could amount to a failure to meet their legal duty. If the property becomes unsafe or unfit for human habitation, you could escalate matters through your local council or consider legal action under the Homes (Fitness for Human Habitation) Act 2018.
Signs You Shouldn’t Ignore and What to Do
If you notice musty smells, black spots on walls or ceilings, condensation that never clears, or feel ongoing cold dampness in rooms, don’t ignore it. Begin by:
- Documenting the issue: Take photos and keep written records of your communication with your landlord.
- Reporting the problem: Let your landlord or letting agent know as soon as possible in writing.
- Following up: If there’s no response or insufficient action, follow up and give a clear deadline for resolution.
If they still don’t act, consider contacting your local council’s environmental health department. They can inspect your home and, if necessary, enforce repairs through an Improvement Notice.
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).
Your Responsibilities as a Tenant
While landlords are generally responsible, there are situations where tenants may need to take care. For example, if mould results from everyday living such as drying clothes indoors without ventilation, your landlord might argue it’s your duty to manage moisture. You should take reasonable steps to minimise condensation, such as using extractor fans, opening windows briefly, and not blocking air vents.
Still, reasonable use of the home is assumed. You’re renting a space meant to be lived in, so excessive caution isn’t required. If mould returns despite following basic care, it’s likely a deeper structural problem—not your fault or responsibility.
What If My Landlord Refuses to Act?
If your landlord ignores reports or denies responsibility, you don’t have to accept living in unsafe conditions. You can:
- Raise a complaint via their official complaints process.
- Contact your council for a formal inspection.
- Use the Fitness for Human Habitation Act to potentially bring a claim in court.
Never stop paying rent without legal advice, even if the conditions are bad. Doing so can weaken your position legally and put your tenancy at risk. Instead, seek support from housing advisors or legal services early on. TPS is often the most direct way to access solicitor-backed help without delay.
Final Thoughts on Tenant Legal Rights for Damp and Mould Repairs
Living with damp and mould is more than just uncomfortable—it can affect your health, wellbeing, and quality of life. Knowing your rights under UK law empowers you to seek the repairs you’re entitled to. Always report problems quickly, document everything, and take action if your landlord doesn’t respond properly. Protecting your home shouldn’t mean a legal battle, but if it comes to that, support is available.
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.