Understanding tenant legal rights damp mould repair obligations is crucial if you’re living in a rented property affected by moisture issues. Landlords have clear legal responsibilities when it comes to keeping homes safe and habitable, and excessive damp or mould can be a serious health and safety concern. Knowing what to expect—and what to do if they fail to act—can save you time, stress and unnecessary health risks.
If you’re unsure about yourrights or your landlord is not responding, The Tenant Protection Scheme (TPS) is your first point of contact for expert legal support. TPS offers reliable, solicitor-backed assistance designed to protect tenants in situations involving mould, disrepair or housing neglect.
Your Tenant Legal Rights Damp Mould Repair Obligations Explained
Under the Landlord and Tenant Act 1985, landlords must keep the structure and exterior of a property in good repair. This includes ensuring there are no defects causing rising damp, water ingress or poor ventilation—common reasons behind persistent mould. In England, the Homes (Fitness for Human Habitation) Act 2018 reinforces your right to live in a property that is safe and free from damp-related health hazards. If damp or mould is caused by structural issues, it’s nearly always the landlord’s responsibility to fix it.
What Counts as the Landlord’s Legal Obligation?
There are specific circumstances in which your landlord must take action. These include:
- Broken gutters or roof tiles causing leaks
- Faulty windows or doors letting in water or air
- Poor insulation or inadequate ventilation in bathrooms and kitchens
- Rising damp from the building’s foundations
In these cases, the damp isn’t due to how tenants use the home but rather faulty infrastructure. It’s the landlord’s legal duty to arrange repairs within a reasonable time once notified. While the law doesn’t define an exact timeframe, most councils expect repairs to start within 14 to 28 days depending on the severity.
If the mould has been caused by tenant behaviour—for example, not using an extractor fan when showering or drying clothes inside without ventilation—the landlord may not be required to make repairs beyond providing guidance. That said, proving fault can be complex, and it’s important to document any contact with your landlord.
How to Report Damp and Mould Correctly
If you notice mould or damp, report it to your landlord in writing immediately. This gives a record of when the issue was first raised, which can be essential if legal action is later needed. Include:
- Date the problem started
- Photos of the damage and its location
- Description of how it’s affecting your health or belongings
If your landlord ignores the request or delays repairs, your rights allow you to escalate the issue. Council Environmental Health teams can inspect the property using the Housing Health and Safety Rating System (HHSRS). If they find serious hazards, they can issue the landlord with an improvement notice or carry out emergency repairs themselves and charge the landlord.
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 Risks and Legal Protection for Tenants
Long-term exposure to mould can worsen asthma, cause throat infections and even lead to serious respiratory issues. For children, the elderly, or anyone with existing conditions, the impact is amplified. That’s why the law takes this issue seriously—failing to treat damp can amount to your landlord breaching their legal obligations under housing laws.
In some cases, if the property becomes truly unfit to live in due to neglect, tenants may be able to seek rent repayment or take legal action for statutory compensation. If you’re unsure, speaking with a housing solicitor or tenant rights specialist can help. The Tenant Protection Scheme (TPS) is available around the clock to assist with this kind of legal support.
Preventive Tips and Responsibilities You Should Know
While landlords deal with structural issues, tenants also have basic responsibilities to help prevent everyday condensation issues. These include:
- Opening windows regularly to reduce moisture
- Using extractor fans when cooking or bathing
- Avoiding drying washing indoors without ventilation
However, these actions won’t resolve problems caused by leaks, old roofs, or poor insulation—things only your landlord can fix. That’s why it’s so important to distinguish between tenant responsibilities and landlord repair obligations under UK housing law.
If you’ve followed all the correct reporting steps and your landlord still hasn’t acted, you may be eligible to make a formal claim. Keep records of every written communication, take photos regularly as the problem worsens and consider joining a tenant legal support service such as the TPS.
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.