Damp and Mould in Rental Property: Who is Responsible UK?
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Landlords are responsible for damp and mould caused by structural issues (rising damp, penetrating damp, roof leaks). Tenants may be responsible if condensation damp results from lifestyle choices (not ventilating, drying clothes indoors). Awaab's Law now sets strict repair timescales.
Damp and mould disputes are common in rental properties. Understanding who is responsible depends on the type of damp and its cause. Here's what landlords need to know.
Is damp always the landlord's responsibility?
No. Landlords are responsible for damp caused by structural defects or disrepair. However, if damp results from tenant behaviour (such as not ventilating the property or drying clothes indoors without adequate ventilation), the tenant may bear responsibility.
The key is identifying the root cause. Landlords cannot simply blame tenants for "lifestyle" issues without proper investigation. Courts and councils now scrutinise these claims carefully following high-profile cases.
Types of damp: structural vs condensation
There are three main types of damp, each with different causes and responsibility implications.
| Type | Cause | Usually Responsible |
|---|---|---|
| Rising damp | Failed or absent damp-proof course | Landlord |
| Penetrating damp | Roof leaks, faulty gutters, cracked walls | Landlord |
| Condensation damp | Excess moisture from cooking, bathing, drying clothes | Depends on cause |
Condensation damp is the most disputed type. If adequate ventilation exists and the tenant fails to use it, they may be responsible. However, if the property lacks adequate ventilation, heating, or insulation, the landlord is responsible.
Landlord responsibilities for damp
Under Section 11 of the Landlord and Tenant Act 1985, landlords must keep the structure and exterior in repair, including the roof, walls, and damp-proof course.
Landlords are responsible for:
- Maintaining the roof, gutters, and downpipes
- Ensuring the damp-proof course is effective
- Repairing cracks in external walls
- Providing adequate ventilation (extractor fans, trickle vents)
- Ensuring heating systems work properly
- Addressing any structural issues causing damp
See our full guide to landlord repair responsibilities for more detail.
Tenant responsibilities for preventing damp
Tenants have a duty to use the property in a "tenant-like manner" which includes taking reasonable steps to prevent condensation.
Tenants should:
- Use extractor fans when cooking and bathing
- Open windows regularly to ventilate
- Avoid drying clothes on radiators (use a vented dryer or outdoor line)
- Keep heating on at a reasonable level in cold weather
- Report any signs of damp promptly
- Not block ventilation points
However, landlords cannot expect tenants to heat a poorly insulated property to excessive levels or ventilate in ways that compromise security.
What is Awaab's Law?
Awaab's Law was introduced following the tragic death of 2-year-old Awaab Ishak in 2020 from respiratory failure caused by prolonged mould exposure in his family's housing association flat in Rochdale.
The law, part of the Social Housing (Regulation) Act 2023, requires social landlords to:
- Investigate hazards within 14 days of being reported
- Begin repairs within 7 days of investigation
- Complete emergency repairs within 24 hours
- Complete all hazard repairs within a reasonable timeframe
While initially applying to social housing, the government has indicated these standards will extend to the private rented sector. Smart landlords are adopting these timescales now.
Read our complete guide to Awaab's Law for landlords.
Timescales for damp repairs
Under Awaab's Law and best practice, landlords should follow strict timescales for addressing damp and mould reports.
| Stage | Timescale |
|---|---|
| Acknowledge report | Within 24 hours |
| Investigate cause | Within 14 days |
| Begin repairs | Within 7 days of investigation |
| Emergency repairs | Within 24 hours |
| Complete repairs | Reasonable timeframe (usually 28 days) |
What to do if a tenant reports damp
- Acknowledge immediately - Respond within 24 hours
- Arrange inspection - Visit within 14 days (sooner if severe)
- Identify the cause - Use a professional if needed
- Document everything - Photos, moisture readings, notes
- Commission repairs - Address the root cause, not just symptoms
- Follow up - Check the repair has worked
Never dismiss damp reports or blame tenants without proper investigation. This approach has led to serious legal consequences for landlords.
Penalties for ignoring damp
Landlords who fail to address damp and mould face serious consequences including fines, prosecution, and civil claims.
- HHSRS enforcement - Councils can issue improvement notices and prohibition orders
- Civil penalties - Up to £30,000 per offence
- Prosecution - Criminal record and unlimited fines
- Rent Repayment Orders - Tenants can reclaim up to 12 months' rent
- Compensation claims - For health impacts and damaged belongings
- Banning orders - Prohibition from being a landlord
Following Awaab's death, courts and councils take damp cases extremely seriously. Prevention and prompt action are essential.
Frequently asked questions
Can a tenant withhold rent for damp and mould?
No, tenants should not withhold rent for damp issues. Withholding rent can lead to eviction proceedings. Instead, tenants should report the issue in writing, allow access for repairs, and if the landlord fails to act, contact the local council's environmental health department or take the matter to the Housing Ombudsman.
Who pays for mould cleaning in a rental property?
If mould is caused by a structural defect (the landlord's responsibility), the landlord pays for cleaning and remediation. If mould results from tenant lifestyle (poor ventilation, drying clothes indoors with adequate ventilation available), the tenant may be liable for cleaning costs. Document the cause carefully before determining responsibility.
What if damp causes health problems for tenants?
If tenants suffer health problems from damp or mould caused by a landlord's failure to repair, they may be entitled to compensation. Following Awaab Ishak's death, courts take damp-related health claims seriously. Landlords can face prosecution under the Housing Health and Safety Rating System (HHSRS) and significant fines.
Managing this yourself?
LandlordOS helps UK landlords stay compliant and organised:
- Automatic compliance reminders for Gas Safety, EICR, EPC
- Document storage with AI-powered certificate reading
- Tenancy tracking and rent management
LandlordOS tip
Don't wait for tenants to report damp. Conduct regular property inspections and address any early signs immediately. A small investment in extractor fans, trickle vents, or insulation can prevent costly repairs and legal action later. Document all inspections and maintenance in LandlordOS.