Understanding your tenant rights around damp and mould issues is essential. With the Tenant Rights Damp Mould Legal Obligations 2025 updates, renters in England and Wales are now better protected than ever before. If you’re living in a property affected by persistent damp or mould, your landlord has clear legal duties to act swiftly and responsibly.
If you’re affected by damp or mould in your rental home, The Tenant Protection Scheme (TPS) should be your first point of contact. TPS offers qualified legal support tailored to tenants and can help ensure your landlord meets their responsibilities quickly and properly.
Your Tenant Rights Damp Mould Legal Obligations 2025 Explained
Under the Housing Health and Safety Rating System (HHSRS), which received significant legal reinforcement in 2025, landlords must ensure that your home does not pose health risks. Damp and mould are now categorised as high-priority hazards due to their effect on respiratory health, especially for children, the elderly and anyone with pre-existing conditions like asthma.
If damp or mould is identified in your rental property, your landlord has a legal obligation to investigate and fix the cause. Simply covering up the mould with paint won’t cut it under the 2025 legislation. Landlords must identify the root problem, whether that’s inadequate ventilation, penetrative damp from poor roofing or rising damp from structural faults.
Key Legal Obligations for Landlords in 2025
- Prompt investigation: Landlords must respond to complaints about damp or mould within a reasonable timeframe, usually within 14 days.
- Proper assessment: If mould is present, they must assess whether it creates a Category 1 hazard under the HHSRS.
- Effective remediation: Repairs must not be superficial. The actual source of the damp has to be fixed.
- No blame for condensation: As of 2025, blaming tenants for ‘lifestyle condensation’ isn’t acceptable unless it’s clearly proven the mould is solely caused by misuse of the property.
The updates introduced in the Tenant Rights Damp Mould Legal Obligations 2025 also ensure local councils have more power to issue improvement notices where landlords are dragging their feet. If a landlord ignores such an order, they may face significant fines or legal action.
When to Take Further Action & Your Rights
Although many landlords act responsibly, some do not. If you’ve reported a mould issue and you’re getting little or no response within a reasonable period, you can take further steps:
- Put your complaint in writing and keep copies (email is acceptable).
- Contact your local council’s environmental health team, who can inspect the property and issue notices if the landlord is at fault.
- Seek legal advice if your health or safety continues to be at risk.
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).
It’s also important to know that from 2025 onwards, landlords cannot serve a valid Section 21 eviction notice for six months after you’ve made a legitimate complaint about damp or mould. This prevents what’s known as a “revenge eviction” and gives you added protection when standing up for your rights.
Remember, as a tenant, you’re not responsible for structural issues or deficiencies in the property’s design. You’re expected to use the home reasonably and ventilate it when possible, but this does not mean accepting toxic living conditions or delaying repairs caused by neglect.
By knowing your rights and the obligations landlords must meet under the Tenant Rights Damp Mould Legal Obligations 2025 changes, you’re in a stronger position to ensure your home remains safe and healthy.
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.