Damp and Mould: Your Rights as a Tenant
Damp and mould are serious health hazards, linked to respiratory conditions, worsening asthma, and in the most severe cases, fatal illness. Landlords have a legal duty to keep properties free from damp and mould. If your landlord is ignoring the problem, you have legal tools to force action and claim compensation. This guide explains your rights and how to use them.
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Is your landlord legally required to fix damp and mould?
Yes. Landlords have multiple legal duties covering damp and mould:
- ✓Landlord & Tenant Act 1985 (s.11): landlords must keep the structure, exterior, and installations of the property in repair
- ✓Housing Health and Safety Rating System (HHSRS): councils use this to assess hazards including damp, mould, and excess cold, landlords must address Category 1 hazards
- ✓Homes (Fitness for Human Habitation) Act 2018: properties must be fit for human habitation, severe damp and mould can render a property unfit
- ✓Defective Premises Act 1972: landlords can be liable for personal injury caused by disrepair they knew about and failed to fix
- ✓Awaab's Law (Social Housing Regulation Act 2023): social landlords must fix damp and mould within specific statutory timescales
Awaab's Law, what it means for social tenants
Awaab's Law was introduced following the death of two-year-old Awaab Ishak from a severe mould-related respiratory condition in social housing in 2020. The Social Housing Regulation Act 2023 requires social landlords to address damp and mould within statutory timeframes:
- ✓Social landlords must acknowledge damp and mould complaints within 14 days
- ✓An investigation must begin within 14 days of a complaint
- ✓Remedial works must start within 7 days where a hazard presents a significant risk to health
- ✓Emergency repairs (immediate risk to health) must begin within 24 hours
- ✓Landlords must provide residents with written records of complaints and actions taken
- ✓The Regulator of Social Housing has enhanced powers to enforce against non-compliant social landlords
What to do if your landlord won't fix damp and mould
Can you claim compensation for damp and mould?
Yes. If your landlord has failed to fix damp and mould after being notified, you may be entitled to compensation for:
- ✓Damage to your personal belongings (clothes, furniture, bedding damaged by mould)
- ✓Cost of temporary accommodation if you had to leave
- ✓Inconvenience and distress caused by living with the disrepair
- ✓Health effects, if you or your family have suffered respiratory illness, worsening asthma, or other health impacts attributable to the damp and mould
- ✓Rent reduction, in some cases, the court may award a percentage reduction in rent for the period you lived with the disrepair
Can your landlord blame you for the damp and mould?
Landlords sometimes argue that damp and mould is caused by "condensation" from tenants' lifestyle, not by structural issues. This argument has limits:
- ✓Condensation damp (caused by lack of adequate ventilation or heating) can be a landlord's responsibility if the property lacks adequate ventilation or insulation
- ✓Rising damp and penetrating damp (from outside the building, through walls, or via the roof) are almost always the landlord's responsibility
- ✓The Homes Act 2018 confirmed that landlords must maintain adequate ventilation, if ventilation is inadequate, tenants cannot fairly be blamed for condensation
- ✓Tenants do have an obligation not to cause unnecessary damage, but normal daily activities (cooking, bathing, breathing) do not constitute misuse
- ✓Environmental Health officers assess damp using the HHSRS, their assessment carries significant weight and is harder for landlords to dispute
What if your landlord threatens to evict you for complaining?
This is called retaliatory eviction and is protected against in law:
- ✓Since 2015, landlords in England cannot serve a Section 21 (no-fault) eviction notice within 6 months of a local authority serving a relevant notice following a disrepair complaint
- ✓If you make a formal complaint about damp and mould, and the council serves a hazard notice, a Section 21 served within 6 months is invalid
- ✓Threatening to evict you because you complained about disrepair is harassment and may be a criminal offence
- ✓Document all threats, keep messages and emails. Report to the council's tenancy relations team
- ✓The Renters' Rights Act 2025 (abolishing Section 21) will further strengthen protections against retaliatory eviction
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
Is my landlord legally responsible for fixing damp and mould?
Yes. Landlords have multiple legal duties including the Landlord & Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018, and the Housing Health and Safety Rating System. Severe damp and mould can render a property unfit for human habitation. Social landlords are also subject to Awaab's Law, which requires them to respond and begin remedial works within specific timeframes.
What is Awaab's Law?
Awaab's Law was introduced under the Social Housing Regulation Act 2023 following the death of a child from mould-related illness in social housing. It requires social landlords (councils and housing associations) to acknowledge damp and mould complaints within 14 days, begin investigating within 14 days, start emergency repairs within 24 hours, and complete hazardous repairs within 7 days. Private landlords are not subject to Awaab's Law but remain subject to other legal obligations.
What can I do if my landlord won't fix the damp?
Put your complaint in writing and keep copies. Contact your local council's Environmental Health team and request an inspection under the Housing Health and Safety Rating System (HHSRS), they can serve enforcement notices on your landlord. You can also seek compensation through the courts or via the Housing Ombudsman (for social housing). Many housing disrepair solicitors work on a no-win no-fee basis.
Can I claim compensation from my landlord for damp and mould?
Yes. If your landlord knew about the problem and failed to fix it, you may be able to claim compensation for damaged belongings, health effects, inconvenience, and a rent reduction for the period you lived with the disrepair. You need evidence that you reported the problem in writing and the landlord failed to act within a reasonable time.
My landlord is blaming me for the mould, what can I do?
Request a Housing Health and Safety Rating System (HHSRS) inspection from your local council's Environmental Health team. Their professional assessment provides objective evidence of whether the damp and mould results from structural disrepair (landlord's responsibility) or tenant behaviour. Landlords routinely blame condensation on tenants, but if the property lacks adequate ventilation or insulation, that is a structural issue the landlord must address.
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