Tenant Rights UK Repair Obligations for Damp and Mould are often misunderstood, leaving many renters unsure of what they’re legally entitled to. If you’ve noticed damp patches on your walls or persistent mould in your home, it’s vital to understand who is responsible for fixing it. This guide explains your rights as a tenant in the UK and the repair responsibilities landlords must legally uphold.
If you’re worried about damp or mould and your landlord hasn’t taken action, The Tenant Protection Scheme (TPS) offers tenants practical legal support. With solicitor-backed help available 24/7, TPS is a trusted first step for renters needing advice or intervention.
Understanding Tenant Rights UK Repair Obligations for Damp and Mould
While damp and mould can seem like minor annoyances at first, they can quickly lead to structural problems and even health issues if left untreated. Under the Landlord and Tenant Act 1985, landlords are legally required to keep the structure and exterior of the property in good repair. This includes problems like rising damp, penetrating leaks, and defective ventilation that can lead to mould.
Tenants also have a responsibility to report issues promptly. If you fail to alert your landlord about a problem, they might not be liable for damage caused by delays. So if you notice a musty smell or see black spots appearing, report it in writing as soon as possible.
When Is Damp Your Landlord’s Responsibility?
Whether your landlord is responsible for fixing damp and mould depends on the cause. Here are typical situations where the responsibility clearly lies with them:
- Rising damp: Often due to poor or deteriorating damp-proof courses, which landlords must maintain.
- Leaking roofs, gutters or windows: These fall under structural repairs and must be resolved by the landlord.
- Inadequate insulation or ventilation: If poor property design contributes to condensation and mould, it’s usually on the landlord to fix.
However, if the damp is caused by everyday condensation from things like drying clothes indoors without ventilation, your landlord might argue it’s down to your lifestyle. But even here, they must provide adequate extraction systems, such as working extractor fans in bathrooms and kitchens.
How to Report Damp or Mould to Your Landlord
It’s always best to report any issues in writing. Email your landlord or letting agent, describing the problem clearly and including photos if possible. This creates a record, which can be helpful if the situation escalates.
In your message, explain how long the issue has been present and whether it’s getting worse. Ask the landlord to inspect and make necessary repairs within a reasonable time — usually 14–21 days. If you live in social housing, councils may have specific reporting procedures, so check your local authority guidelines.
Your Options if the Landlord Doesn’t Act
If your landlord ignores your report or fails to make proper repairs in time, you can escalate the matter. Here are your options:
- Environmental Health: Contact your local council’s environmental health team. They can inspect the property and, if needed, serve the landlord with an enforcement notice.
- Tenant Compensation: You may be entitled to claim for discomfort, health issues, or damaged belongings due to unresolved damp or mould.
- Legal Support: Depending on the severity, you could pursue legal action for disrepair. Organisations like the Tenant Protection Scheme can guide you through this process.
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 a detailed record of all communication, photos of the damp or mould, and health impacts if relevant. You may also want to consult a solicitor or tenant rights advisor before taking legal steps.
Preventative Measures Landlords Should Take
Landlords have a duty not only to react to problems but also to prevent them. Here are some proactive steps they should take:
- Ensure the property meets the Homes (Fitness for Human Habitation) Act 2018 standards.
- Provide efficient heating systems and adequate ventilation in all rooms.
- Carry out regular inspections, especially in older buildings prone to moisture retention.
- Respond promptly to reports of leaks, water damage or persistent condensation issues.
Tenants can take steps too, such as opening windows when cooking or showering and avoiding blocking air vents. However, the burden largely remains on landlords to provide a safe, habitable environment.
What Does the Law Say About Mould and Tenant Health?
Mould is more than just a cosmetic issue. It can trigger respiratory problems, especially in children, older adults and people with asthma or allergies. The UK’s Housing Health and Safety Rating System (HHSRS) includes damp and mould risk as a key hazard. This means landlords must treat it as a serious concern.
In severe cases, tenants may be forced to move out if the home becomes uninhabitable. If this happens due to your landlord’s negligence, you may be eligible for compensation and alternative housing. It’s important to act early to prevent things from reaching this point.
Checklist: Steps to Take If You’re Dealing With Damp or Mould
- Document the problem with clear photos and notes.
- Report the issue to your landlord in writing immediately.
- Follow up if there’s no response within 14–21 days.
- Contact your local council if repairs are not made.
- Seek legal advice or join a support scheme if the issue persists.
Every tenant deserves to live in a safe, healthy home. Understanding your repair rights can make all the difference in resolving issues swiftly and fairly.
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.