Tenants’ Rights When a Landlord Won’t Fix Damp and Mould

Persistent damp and mould in a rented home is not something you have to accept. The law places clear duties on landlords, and a documented survey often makes the difference between being ignored and getting the repairs you are entitled to.

Is my landlord legally responsible for fixing damp and mould?

In most cases, yes. Under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, landlords must keep the structure and exterior in repair and ensure the property is fit to live in throughout the tenancy. Damp caused by structural defects, penetrating water, rising damp, or failed guttering is almost always the landlord’s responsibility. Condensation is more nuanced, but if it stems from inadequate ventilation, poor insulation, or a broken extractor fan, the landlord is generally still liable. The burden is on identifying the true cause, which is exactly what a professional investigation establishes.

What does Awaab’s Law and the Renters’ Rights Act mean for me?

Awaab’s Law and the Renters’ Rights Act significantly strengthen tenant protections around damp and mould. Awaab’s Law, named after Awaab Ishak who died from prolonged mould exposure, requires social landlords to investigate and fix reported hazards within strict legal timeframes rather than delaying indefinitely. The Renters’ Rights Act extends similar accountability and reinforces tenants’ ability to challenge poor conditions without fear of retaliatory eviction. Together they signal that ignoring damp reports is no longer defensible, and that timely, evidenced action is expected.

What are the warning signs I should document?

Start recording every symptom the moment you notice it, because a clear timeline supports any formal complaint. Watch for:

• Black, green or white mould on walls, ceilings, window reveals or behind furniture
• A persistent musty or earthy smell that does not clear with ventilation
• Tide marks or salt staining low on internal walls (a common sign of rising damp)
• Peeling wallpaper, bubbling paint or crumbling plaster
• Condensation pooling on windows and cold surfaces
• Damaged or rotting skirting boards, window frames or floorboards
• Respiratory symptoms, coughing or worsening asthma among occupants

Photograph each issue with timestamps and keep copies of every message you send your landlord. A professional mould inspection converts these observations into objective, defensible evidence.

What steps should I take if my landlord ignores the problem?

Follow a clear, escalating process so that every stage is documented and you keep the pressure lawful and effective.

1. Report the damp in writing to your landlord or letting agent, describing the problem and requesting repairs by a reasonable date.
2. Keep a dated record of all correspondence, photographs and any health impacts.
3. Commission a professional survey so the cause and severity are established beyond dispute.
4. If there is no adequate response, complain to your local council’s environmental health team, who can inspect under the Housing Health and Safety Rating System and serve improvement notices.
5. For social housing, escalate to the Housing Ombudsman once the landlord’s internal complaints process is exhausted.
6. As a final route, seek legal advice about court action to compel repairs and potentially claim compensation.

A thorough Damp, Mould and Water Damage Assessment underpins every one of these stages, because councils, ombudsmen and courts all respond to evidence rather than opinion.

How can a professional survey strengthen my case?

A survey turns a dispute about opinions into a matter of documented fact. We confirm the price on a written quote once we understand the problem. Our Damp, Mould and Water Damage Assessment (what many people call a damp survey) delivers a full insurance-ready written report with a photographic evidence appendix, clear findings and prioritised recommendations. It identifies the true cause of the damp, distinguishes structural defects from condensation, and sets out what needs doing and in what order. That document is precisely the kind of objective evidence a landlord, council or court cannot easily dismiss, and it removes the guesswork that lets disputes drag on for months.

Who pays for the repairs and the survey?

Where damp results from disrepair the landlord is responsible for the cost of putting it right, and the amount depends on the cause, the extent of the damage and the remedial approach required. Factors such as whether the problem is rising damp, penetrating damp or condensation, the size of the affected area, and the state of ventilation and insulation all influence the scope of work. We do not quote remedial costs, but our report sets out prioritised recommendations so you and your landlord understand exactly what the work involves. Many tenants commission the survey themselves to break a stalemate, and its findings frequently persuade a reluctant landlord to act.

If you've got damp, mould, or a leak, you already know it needs sorting.

The longer it sits, the worse it gets. Get in touch and we will agree a date with you. If it is urgent, say so when you call.