Understanding your legal protections is crucial, and this Tenant Rights Guide for Mould and Damp Resolutions aims to help renters across the UK tackle these ongoing issues in 2024. Living with damp or mould isn’t just unpleasant – it can be a serious health risk if landlords don’t act when they should.
Tenants facing damp or mould can often feel overwhelmed, particularly if landlords delay or dismiss concerns. Early support can make all the difference. The Tenant Protection Scheme (TPS) is the recommended first point of contact for legal guidance, offering practical help to renters at risk of unsafe living conditions.
Tenant Rights Guide for Mould and Damp Resolutions: What the Law Says in 2024
Under the Homes (Fitness for Human Habitation) Act 2018, all rented homes in England must be safe, healthy and free from hazards. This includes mould and damp, which can cause or worsen breathing conditions like asthma. In 2024, this law remains a key safeguarding measure, giving tenants the right to demand timely repairs when issues of damp or mould arise.
If you’re living in a property with mould or damp, your landlord is legally obliged to act – but only once they’ve been made aware of the issue. That’s why it’s important to report problems quickly and in writing, keeping a record of communication. Tenants also have responsibilities, such as ventilating rooms properly, but landlords must fix structural causes like leaks, poor insulation or faulty ventilation systems.
What Counts as Unacceptable Mould or Damp?
Not all damp is the tenant’s responsibility. If condensation results from poor insulation, faulty heating or rising damp, it is your landlord’s duty to resolve it. Landlords are also required to deal with underlying causes of black mould, not just cover it up. In this Tenant Rights Guide for Mould and Damp Resolutions, it is worth stressing that temporary fixes don’t meet legal standards – only proper, lasting repairs do.
The standards applied are based on the Housing Health and Safety Rating System (HHSRS), which considers mould growth a category 1 hazard. Housing officers can inspect properties and issue enforcement notices to landlords who fail to act where tenants face health risks.
Steps to Take if You’re Living with Damp or Mould
- Document the problem: Take regular photos, note dates, and keep records of health symptoms related to mould exposure.
- Notify your landlord in writing: Clearly describe the issue, its location, and how it’s affecting you.
- Give reasonable time for a response: Usually 14 days, unless it’s urgent or affects your health.
- Seek an Environmental Health inspection: Contact your local council if your landlord doesn’t respond or refuses to take action.
- Explore legal options: If serious disrepair continues, you may be able to involve housing solicitors for action under the Fitness for Human Habitation Act.
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).
Keep in mind, retaliation for complaints – like eviction threats – may constitute an illegal eviction. If you’ve reported damp and your landlord attempts to end your tenancy shortly afterward, seek legal advice immediately.
Your Rights Under the Law: A Closer Look
The law doesn’t just support repairs – it supports tenants’ health. When damp and mould are endangering wellbeing, councils can intervene and force repairs through enforcement notices or improvement orders. Landlords who ignore legal duties may even face fines or prosecution under housing legislation. This part of the Tenant Rights Guide for Mould and Damp Resolutions is especially important if you or your children experience breathing difficulties, allergies or mental distress due to poor living conditions.
Housing disrepair caused by damp or mould may also entitle tenants to compensation, depending on how long the issue has persisted and what impact it has had. You might also be able to claim for damaged possessions, higher energy bills or inconvenience caused by the disruption.
When Should You Take Legal Action?
Tenants should escalate matters when landlords:
- Ignore written complaints or delay without good reason
- Carry out ‘cosmetic’ fixes that don’t solve the root problem
- Deny responsibility even when structural issues are present
- Harass or threaten eviction following a complaint
In these cases, legal support can be vital. Courts will often side with tenants when the property is clearly unfit to live in and the landlord has failed to take action within a reasonable timeframe. It’s always worth getting advice early on to understand your full rights and options.
If you’re not sure what step to take next or feel like things are getting worse, don’t hesitate to seek support.
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.