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.
- ✓Four separate laws bite at once: section 11 of the Landlord and Tenant Act 1985, the Housing Health and Safety Rating System, the Homes (Fitness for Human Habitation) Act 2018, and the Defective Premises Act 1972.
- ✓Councils must act on a Category 1 hazard under the rating system, so environmental health is a real route and not a last resort.
- ✓For social tenants, Awaab's Law has applied since 27 October 2025: investigate significant damp and mould within 10 working days, written findings within 3 working days of that ending, and make the property safe within 5 working days.
- ✓An emergency hazard must be investigated and made safe within 24 hours, or the landlord has to rehouse you at their own expense until it is.
- ✓Compensation can cover your damaged belongings, the clothes, furniture and bedding ruined by mould, as well as the disrepair itself.
The free assistant is offline for maintenance
We've taken the chat assistant offline while we work through a technical issue behind the scenes. It'll be back as soon as we're confident it's giving reliable answers again. Every guide on this site is still here and hasn't changed, use the menu above to find the one that covers your situation.
Is your landlord legally required to fix damp and mould?
Yes. Landlords have multiple legal duties covering damp and mould:
- Yes: Landlord & Tenant Act 1985 (s.11): landlords must keep the structure, exterior, and installations of the property in repair
- Yes: 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
- Yes: Homes (Fitness for Human Habitation) Act 2018: properties must be fit for human habitation, severe damp and mould can render a property unfit
- Yes: Defective Premises Act 1972: landlords can be liable for personal injury caused by disrepair they knew about and failed to fix
- Yes: Awaab's Law (in force since 27 October 2025): social landlords must investigate significant damp and mould within 10 working days and make the property safe within 5 working days of that investigation ending
Letter drafting is paused for maintenance
We have taken letter drafting offline while we work through a technical issue, and the free assistant is offline for the same reason. Every guide on this site is still here and unaffected.
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. It comes from section 42 of the Social Housing (Regulation) Act 2023, and the duties took effect on 27 October 2025 under the Social Housing (Prescribed Requirements) (England) Regulations 2025. The deadlines run in working days from the point the landlord becomes aware of the hazard:
- Yes: Significant damp and mould: the landlord must investigate within 10 working days
- Yes: They must give you a written summary of the findings within 3 working days of the investigation ending
- Yes: They must make the property safe within 5 working days of the investigation ending
- Yes: If they cannot make it safe in time, they must provide suitable alternative accommodation at their own expense
- Yes: Further work to stop the hazard returning must begin within 5 working days, or physically start within 12 weeks if that is not possible
- Yes: Emergency hazards: the landlord must investigate and make the property safe within 24 hours, or rehouse you at their expense
- Yes: 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:
- Yes: Damage to your personal belongings (clothes, furniture, bedding damaged by mould)
- Yes: Cost of temporary accommodation if you had to leave
- Yes: Inconvenience and distress caused by living with the disrepair
- Yes: Health effects, if you or your family have suffered respiratory illness, worsening asthma, or other health impacts attributable to the damp and mould
- Yes: 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:
- Yes: Condensation damp (caused by lack of adequate ventilation or heating) can be a landlord's responsibility if the property lacks adequate ventilation or insulation
- Yes: Rising damp and penetrating damp (from outside the building, through walls, or via the roof) are almost always the landlord's responsibility
- Yes: The Homes Act 2018 confirmed that landlords must maintain adequate ventilation, if ventilation is inadequate, tenants cannot fairly be blamed for condensation
- Yes: Tenants do have an obligation not to cause unnecessary damage, but normal daily activities (cooking, bathing, breathing) do not constitute misuse
- Yes: 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:
- Yes: In England a landlord can no longer serve a Section 21 notice at all, so reporting disrepair cannot trigger a no-fault eviction. The old Deregulation Act 2015 protection worked by invalidating a Section 21 notice served within 6 months of a council notice, and there is now no Section 21 notice for it to invalidate
- Yes: If you make a formal complaint about damp and mould and the council serves a hazard notice, your landlord has no way to answer it with a notice: they would have to prove a Section 8 ground in court, and Grounds 1 and 1A are closed to them in the first 12 months of the tenancy
- Yes: Threatening to evict you because you complained about disrepair is harassment and may be a criminal offence
- Yes: Document all threats, keep messages and emails. Report to the council's tenancy relations team
- Yes: The Renters' Rights Act 2025 (abolishing Section 21) will further strengthen protections against retaliatory eviction
The free assistant is offline for maintenance
We've taken the chat assistant offline while we work through a technical issue behind the scenes. It'll be back as soon as we're confident it's giving reliable answers again. Every guide on this site is still here and hasn't changed, use the menu above to find the one that covers your situation.
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 comes from section 42 of the Social Housing (Regulation) Act 2023, following the death of a child from mould-related illness in social housing. The duties took effect on 27 October 2025. Social landlords (councils and housing associations) must investigate significant damp and mould within 10 working days, give the tenant a written summary of the findings within 3 working days of that investigation ending, and make the property safe within 5 working days of it ending, or rehouse the tenant at the landlord's expense. For emergency hazards they must investigate and make the property safe within 24 hours. Private landlords are not yet 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.
Related guides
Found this useful? Link to it
If you run a site, write an article, or help others with their rights, please link to this guide, it helps more people find free, reliable guidance.