Facing mould in your rental and unsure where to turn? Understanding your rights around tenant legal action for mould repair is essential. Mould problems can pose serious health risks and affect your day-to-day life. If your landlord isn’t taking action, you may have legal options to get the problem sorted. The Tenant Protection Scheme (TPS) should be your first point of contact for dedicated legal help if you’re unsure how to proceed.
When Can You Take Tenant Legal Action for Mould Repair?
Mould in a rented home is more than just an inconvenience. If it’s caused by structural problems, such as a leaking roof or poor ventilation, your landlord is legally responsible for fixing the issue. Under the Landlord and Tenant Act 1985, landlords must keep the property fit for human habitation, which includes dealing with damp and mould caused by disrepair.
If the mould is a result of tenant lifestyle, such as drying clothes indoors without ventilation, the responsibility may fall to you instead. However, many mould issues are linked to underlying faults in the building, which makes them part of the landlord’s duties to repair.
Steps Tenants Should Take Before Legal Action
Before going down the legal route, it’s important to follow a clear process. Start by reporting the problem to your landlord in writing. Describe the issue, include dates, and attach photos of the affected areas if possible. This creates a paper trail that may be helpful later.
Allow the landlord a reasonable amount of time to fix the problem. This usually means at least 14 days, though urgent issues like health-threatening mould should be addressed sooner. If they fail to act, you can escalate things.
- Step 1: Send a formal written complaint to your landlord or letting agent.
- Step 2: Report the issue to your local council’s Environmental Health team.
- Step 3: Keep records of all communication and evidence of the mould problem.
Environmental Health officers can inspect the property and issue a notice requiring the landlord to make repairs. If this fails, you may be able to make a legal claim for breach of landlord obligations. 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 Legal Rights if the Problem Isn’t Fixed
If you’ve followed the proper steps and the landlord still ignores their responsibilities, tenant legal action for mould repair may be your next option. This could mean making a disrepair claim in court. You might be entitled to:
- Repairs to the affected areas
- Compensation for damage to belongings
- Refund of part of your rent if the property was unfit for use
Bear in mind, taking a landlord to court should be your last resort. It’s often best to seek advice from a housing solicitor or a tenant advocacy group first. Legal aid may be available for tenants on low incomes, especially if the issue is affecting your health or safety.
When Tenant Legal Action for Mould Repair Becomes Necessary
If your property has dangerous levels of mould affecting your living conditions, and your landlord keeps failing to act, then legal action becomes a necessary option. Persistent mould can trigger asthma, allergies, and other health issues, especially in children and elderly tenants. The longer it’s left untreated, the worse the damage could get — to both your health and the property itself.
Court proceedings can be complex, but help is available. With the right support, you can hold your landlord accountable and make sure your living space meets legal standards.
Key Things to Remember as a Tenant Dealing With Mould
- You have a legal right to a safe and healthy rented home.
- Your landlord must fix mould caused by structural issues.
- Always report the problem in writing and keep evidence.
- You may be able to claim compensation if your landlord fails to act.
- Seek advice before starting legal action — expert help can make a big difference.
If you’re experiencing ongoing problems with mould and feel trapped by your landlord’s inaction, don’t struggle alone. There are routes you can take to get support, push for repairs, and protect your well-being.
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.