Damp and mould

The most common serious housing hazard in England — and one the law now takes far more seriously than the “just open a window” era ever did.

Is my landlord responsible for damp and mould?

Very often, yes. Landlords must keep the structure and exterior in repair under s.11 of the Landlord and Tenant Act 1985, and must ensure the home is fit for human habitation under s.9A, which expressly picks up the hazards assessed under the Housing Health and Safety Rating System — damp and mould among them. Where the cause is a building defect, leaking roof, broken guttering, failed damp-proofing or inadequate ventilation design, responsibility generally sits with the landlord.

My landlord says the mould is my fault for not opening windows. Is that right?

Lifestyle is sometimes a factor, but it has become a reflex excuse. Condensation mould usually reflects the interaction of heating, insulation and ventilation the property provides. If the home lacks adequate extraction, has cold uninsulated walls, or cannot be heated affordably, blaming the occupier rarely survives an independent inspection. Keeping a record of how you heat and ventilate helps answer the point with evidence.

What is Awaab's Law and does it apply to private renting?

Awaab's Law sets fixed deadlines for landlords to investigate and fix dangerous hazards, damp and mould included. It was introduced after the death of two-year-old Awaab Ishak from prolonged mould exposure, and has applied to social housing since 27 October 2025. The Renters' Rights Act 2025 creates the framework to extend it to private tenancies, so private landlords will face the same clock once the extension is brought into force.

Can the council make my landlord act?

Yes. Councils inspect under the Housing Health and Safety Rating System and can serve an improvement notice requiring works. Since 22 June 2026 they can also fine landlords up to £7,000 for serious hazards without going to court. Reporting a hazard cannot lawfully cost you your tenancy: section 21 no-fault evictions were abolished on 1 May 2026.

What compensation can I claim for damp and mould?

A disrepair or fitness claim typically seeks the cost of damaged belongings, a proportion of rent reflecting the reduced use and enjoyment of the home over the affected period, and, where relevant, sums linked to health impacts supported by medical evidence. The right route and realistic figures depend on severity, duration and what the landlord knew — courts look closely at when the landlord was notified and what they did.

What evidence should I gather?

Date-stamped photographs and videos of each affected room, every report to the landlord with dates and replies, any council inspection findings, receipts for ruined belongings and extra heating, and medical notes where health has suffered. A consistent written record from first report onwards does more for a claim than any single dramatic photograph.

Renters' Rights · Glossary

The most common serious housing hazard in England — and one the law now takes far more seriously than the “just open a window” era ever did.

Last reviewed: August 2026

Renters' Rights track

in a rented home is a recognised health hazard that can breach the landlord's repair and fitness duties — and, under

, now comes with fixed deadlines for landlords to investigate and fix it.

Where this comes from

Landlord and Tenant Act 1985, ss.9A–10 and s.11

— fitness for human habitation and the repairing obligation.

Housing Act 2004, Part 1

— the Housing Health and Safety Rating System councils inspect under.

Understanding the health risks of damp and mould

— joint government guidance for landlords.

Two-year-old Awaab Ishak died in December 2020 after prolonged exposure to mould in his family's home, after repeated reports to the landlord produced nothing. The case reshaped how the system treats damp and mould: government guidance now states plainly that mould is a health hazard, that blaming “lifestyle” is not an answer, and

gives landlords fixed deadlines to investigate and fix dangerous hazards — applying to social housing since 27 October 2025, with the

creating the framework to extend it to private tenancies.

The scale explains the urgency: roughly one in ten private rented homes in England is estimated to have at least one Category 1 — serious — hazard under the council rating system, and damp and mould is among the most common.

Three legal routes, one problem

• Repair: s.11 Landlord and Tenant Act 1985.
• The landlord must keep the structure and exterior in repair — roofs, walls, windows, gutters, damp-proof courses. Penetrating and rising damp from defects sits squarely here.
• Fitness: s.9A Landlord and Tenant Act 1985.
• Since the Homes (Fitness for Human Habitation) Act 2018, every tenancy carries an implied term that the home is
• — and unfitness expressly includes the hazards in the council rating system, condensation mould included. This route catches design failures s.11 misses, like a flat that cannot be ventilated.
• Council enforcement: Housing Act 2004.
• The council inspects under the
• , can order works through an improvement notice and, since 22 June 2026, can fine landlords up to £7,000 for serious hazards without going to court.

Condensation, penetrating, rising: why the cause matters

comes through the fabric — a leaking roof, cracked render, failed flashing.

climbs from the ground where a damp-proof course has failed. Both point almost automatically at the landlord's repairing duty.

, the most common kind, forms where warm moist air meets cold surfaces — and is where landlords reach for the lifestyle excuse. The honest analysis is usually about the building: inadequate extraction in kitchens and bathrooms, uninsulated cold spots, heating too expensive to run. The fitness route was designed for exactly this argument, because it asks whether the home as provided is fit to live in, not whose breath made the moisture.

Getting the cause identified — by a council inspection or an independent surveyor — converts a shouting match into evidence. It also fixes the right remedy: a mould wash achieves nothing if the guttering still leaks.

How a claim comes together

A couple rent a ground-floor flat for £1,150 a month. From November, black mould spreads across the bedroom wall; their reports get a mould wash in January and nothing else. A council inspection in March finds a failed damp-proof course and inadequate extraction — a Category 1 damp and mould hazard — and serves an improvement notice. Works finally finish in June.

Ruined clothes, bedding and furniture (receipts)

Rent-based sum for 8 months of reduced enjoyment

claimed as a percentage of rent

Extra heating costs (statements)

Claim built on the inspection findings

Their Letter Before Action attaches the council's findings, the photograph timeline and the receipts. Faced with an inspection report that identifies building defects, the landlord's insurer settles before a claim is issued. The couple could not have been evicted for raising it: section 21 no-fault notices were abolished on 1 May 2026.

• Reporting by phone only.
• The landlord's duty generally bites on notice. Put every report in writing, date it, and keep the reply — the clock and the claim both start there.
• Cleaning the evidence away.
• Treat the mould for your health, but photograph everything first, and keep a sample of ruined items or at least their receipts and photographs.
• Accepting a mould wash as a fix.
• Painting over mould without addressing the cause guarantees a repeat. An improvement notice or surveyor's report names the underlying defect — hold out for that.
• Fearing eviction for complaining.
• The era of the retaliatory section 21 is over — abolished 1 May 2026. A landlord can only seek possession on the statutory
• , and complaining about mould is not one of them.
• Overclaiming health effects.
• Respiratory and other impacts are real and serious, but courts expect medical evidence linking them to the conditions. Claim what the records support.

Frequently asked questions

Sources & further reading

• Landlord and Tenant Act 1985, ss.9A–11
• (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018
• Housing Act 2004, Part 1
• Understanding and addressing the health risks of damp and mould in the home
• Renters' Rights Act — overview for tenants

Living with damp your landlord will not fix?

Start My Claim helps you build the evidence record and prepare the claim documents yourself.

Last reviewed: August 2026.

References checked against the Landlord and Tenant Act 1985, the Housing Act 2004 and the Renters' Rights Act 2025 as in force on 24 August 2026.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.