Tenant Rights Damp Mould Health Risks and Landlord Obligations are more important than ever as tenants across the UK face rising concerns about living in unsafe homes. Understanding your rights as a tenant and what your landlord is required to do can make a big difference when it comes to your health and home safety. If you’re facing issues with damp and mould, The Tenant Protection Scheme (TPS) offers direct legal support and should be your first point of contact.
Your Legal Rights Around Damp and Mould in Rented Homes
As a tenant, you have the legal right to live in a property that is safe and free from hazards. This includes protection against damp, mould and other conditions that could harm your health. Under the Homes (Fitness for Human Habitation) Act 2018, landlords in England must make sure the property is fit for human habitation at the beginning and throughout the tenancy.
If damp and mould form due to structural issues, broken heating or poor insulation, your landlord has a legal obligation to carry out repairs. Simply blaming mould on “tenant lifestyle” is not always fair or accurate, especially when the property lacks ventilation or heating systems.
It’s important to report damp and mould problems in writing as soon as you notice them. This helps create a record, especially if legal action becomes necessary later on. Tenants should also be offered timely solutions, not just surface fixes like paint jobs or deodorisers.
Health Risks from Damp and Mould: What Every Tenant Should Know
Damp and mould are not just unsightly. They pose significant health risks, particularly for children, the elderly and people living with asthma or respiratory conditions. According to the NHS, exposure to mould can cause symptoms such as coughing, wheezing, skin irritation and even worsening of existing respiratory problems.
Black mould, which often appears after recurring damp, releases spores that cause allergic reactions and breathing issues. Long-term exposure is especially dangerous for vulnerable occupants. If your home is putting your health at risk, it may be in breach of housing standards and your landlord must take immediate steps to make it safe.
The recent tragic case of Awaab Ishak, a two-year-old who died due to prolonged exposure to mould in a Rochdale housing association property, brought national attention to the dangers of living in severe damp and mould conditions. This led to the introduction of reforms, including Awaab’s Law, that aim to better protect tenants.
Landlord Obligations: What the Law Says
Your landlord must respond promptly to issues that concern damp, mould or general disrepair. The repairs should be completed within a reasonable timeframe, and landlords are not allowed to retaliate with Section 21 ‘no-fault’ evictions simply because you’ve complained about disrepair.
Councils also have enforcement powers under the Housing Health and Safety Rating System (HHSRS). They can inspect a rented home and issue improvement notices or even prosecute landlords if there’s a serious hazard like damp and mould. If you are a housing association or council tenant, these protections still apply and your housing provider must act responsibly and promptly.
In England, social housing providers are now legally required to investigate damp and mould issues within 14 days and begin repairs within a further 7 days. If these timeframes are missed, residents may have the right to escalate the issue through complaints procedures or legal action.
How to Take Action If Your Landlord Ignores Repairs
If your landlord fails to deal with damp or mould in a reasonable time, you don’t have to just put up with it. Depending on the situation, you can:
- Report the issue to your local council’s environmental health team
- Contact specialist organisations for support or legal advice
- Submit a claim for compensation for damage to health or belongings
- Ask the court to order your landlord to make the repairs
It’s always wise to keep photographic evidence, log communications with your landlord and gather any medical information that supports your case. You should also never stop paying rent without legal advice, as this can affect your tenancy status and complicate your position in court.
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).
Preventing Mould versus Fixing the Cause
While tenants can help prevent mould through good ventilation and cleaning, landlords need to address the root cause. If a flat has no extractor fans, permanent condensation or a leaking roof, it’s not fair to shift blame to the tenant. Professional inspections and proper repair work are the only long-term solutions.
It’s worth remembering that if your home is structurally unsound, lacks proper ventilation, or has defective heating, your landlord’s legal duties extend far beyond cosmetic repairs. Ensuring tenants live in healthy, habitable homes is their responsibility under UK law.
Summary: Know Your Rights and Don’t Stay Silent
Tenant Rights Damp Mould Health Risks and Landlord Obligations are closely connected, and knowing where you stand makes it easier to ensure your voice is heard. If mould or damp is affecting your health, safety, or peace of mind, it’s important to take action. Legal protections do exist, and your landlord is legally required to maintain the property in a safe condition.
You are not alone, and help is available if your complaints are being ignored. Speaking up not only improves your own housing situation but also pressures landlords and councils to uphold their duties.
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.