Damp and mould in a rented home: landlord responsibility and how to get it fixed
Landlords are legally responsible for dealing with damp and mould in a rented home. How to report it, when the council steps in and what Awaab’s Law does. Mainly England; as of November 2026.
Author: AdministratorPublished: 8 min read

Contents
In short
- The landlord is legally responsible for dealing with damp and mould, whatever type of damp it is.
- This guide mainly covers England. Scotland, Wales and Northern Ireland have their own rules (separate section).
- Report the problem straight away and in writing, keep a copy and keep paying rent.
- If you rent privately in England and the landlord does not act, you can report it to the environmental health department at your council. An inspection is free.
- Awaab’s Law (deadlines for repairing damp and mould) has applied to social housing in England since 27 October 2025 (as of November 2026; GOV.UK). It does not yet apply to private renting in England.
- Mould harms health, mainly the airways. If you have symptoms, talk to a healthcare professional.
Where damp comes from: condensation, leaks or the ground
GOV.UK describes four types of damp:
| Type | Where it comes from |
|---|---|
| Condensation damp | Moisture generated inside the home condenses on colder spots, for example window frames and walls behind furniture. This is the most common type. |
| Penetrating damp | Water gets in from outside through defects in walls, roofs, windows or floors. |
| Rising damp | Moisture from the ground that rises through walls and floors. Usually found in older properties and often misdiagnosed. |
| Traumatic damp | Water from leaking waste and heating pipes, overflowing baths or sinks, burst pipes or defective water storage vessels inside the building. |
Who is responsible for damp and mould in a rented home
Whatever the type of damp, landlords are legally responsible for dealing with it and with mould (GOV.UK). It is up to them to find the cause, and they shouldn’t blame you for it (Citizens Advice). The government says it is totally unreasonable to blame tenants’ ‘lifestyle choices’ for damp.
- Penetrating damp (for example a leaking roof, a cracked wall or gutters): the landlord is usually responsible for the repair.
- Condensation: the landlord is usually responsible if it was caused by repairs not being made, for example to heating or ventilation. Citizens Advice lists causes such as poor ventilation, extraction fans that don’t work, broken heating (for example a boiler) and no insulation on external walls or ceilings.
For heating costs, see our guide to household bills in the UK.
What you can do yourself
Your actions don’t replace the landlord fixing the cause, but they reduce condensation: use extractor fans in the kitchen and bathroom, close internal doors when cooking or showering, dry washing outside or in the bathroom with the window open or the fan on, keep air vents uncovered and leave a gap between furniture and external walls. Portable gas or paraffin heaters put a lot of moisture into the air (Citizens Advice).
How to report mould to your landlord: evidence and protection from eviction
Our guide to renting a room or flat in the UK without the pitfalls covers the general repairs procedure. For mould, gather photos of the damage, particularly if it gets worse, and a letter from your GP if the problem has made you ill (Citizens Advice).
If your home is safe to live in, your landlord can’t evict you just because you complained. A section 21 notice given on or after 1 May 2026 is not valid (as of November 2026; Citizens Advice).
Going to the council or to court: what you can force
If you rent privately in England, you can report repairs that have not been done to your council’s Environmental Health department. It must act if it considers the problem could harm your health (GOV.UK). If you rent from the council, Environmental Health cannot take formal action against the council itself; use the complaints procedure described in the social housing section (Citizens Advice). If your home is unsafe, the council does a Housing Health and Safety Rating System (HHSRS) assessment and must take action if there are serious hazards.
- You send the details of the problem in writing, for example when it started. You can ask the council to keep your complaint confidential from your landlord, and you don’t have to pay for an inspection (Citizens Advice).
- An environmental health officer looks at your home and can order the landlord to do repairs.
- For a Category 1 hazard the council has a duty to act; for Category 2 it has a power to act (Citizens Advice).
- The council can impose a financial penalty of up to £7,000 on a private landlord who has failed to take reasonably practicable steps to keep the property free of Category 1 hazards (as of November 2026; GOV.UK).
Most private and social tenants can also take their landlord to court if the home is not ‘fit for human habitation’ (Homes (Fitness for Human Habitation) Act 2018). The court can order repairs and compensation for the tenant (GOV.UK). Council tax is a separate matter, covered in our guide to council tax bands, discounts and appeals.
Awaab’s Law: social housing, private renting and government plans
Awaab’s Law is named after Awaab Ishak, a 2-year-old who died in 2020 from a lung condition caused by mould in his home (GOV.UK). It was introduced for social housing through the Social Housing (Regulation) Act 2023, and the first phase came into force on 27 October 2025 (as of November 2026; GOV.UK). It applies to most people living in social housing with a tenancy agreement (council, housing association).
| Situation | Deadline |
|---|---|
| Emergency hazard (for example a dangerous electrical fault, damaged external doors or windows, a major leak) | investigate and make safe within 24 hours |
| Significant damp and mould: investigation | within 10 working days of the report |
| Significant damp and mould: making safe | within 5 working days of the investigation finishing |
| Written summary of findings and plan | within 3 working days of the investigation finishing |
| Further work to prevent the hazard returning | Start the work or make plans for it to start within 5 working days of the investigation finishing; all work must begin within 12 weeks at the latest. |
If your home can’t be made safe in time, the landlord must offer and find you somewhere else to stay for free until the work is done. You don’t need to give evidence from your doctor. If the landlord fails to meet their responsibilities, you can, as a named tenant on your tenancy agreement, take them to court for breach of contract.
Complaints and the Housing Ombudsman (social housing in England)
The landlord must acknowledge your complaint within 5 working days, reply in writing at stage 1 within 10 working days of acknowledging it, and at stage 2 within 20 working days of acknowledging your request (Housing Ombudsman). The Housing Ombudsman, a free and independent service, can accept a complaint only where the stage 2 response is dated within 12 months. Where a landlord didn’t act properly (maladministration), it can order the landlord to put things right.
What the government has announced (as of November 2026)
- Phase 2: subject to parliamentary approval, due to come into force on 30 November 2026, covering among other things excess cold and heat, falls, electrical hazards, fire and explosion, and structural collapse (GOV.UK).
- Phase 3: planned for 2027; if brought into force, it would cover the remaining HHSRS hazards where they present a significant risk of harm, except overcrowding.
Private renting in England
The Renters’ Rights Act 2025 extends Awaab’s Law to private renting, but regulations setting out the requirements still need to be made (GOV.UK). The consultation runs from 9 October to 18 December 2026 (until 11.59pm) and will help decide, among other things, when the new rules come into force. Today the law sets no specific timescales for action on hazards: the landlord must repair within a reasonable period of being notified.
Damp, mould and your health
Damp and mould mainly affect the airways and lungs, but can also affect the eyes and skin (GOV.UK). Symptoms include cough, wheeze and shortness of breath. There is a higher risk of airway infections, allergic airway diseases (such as asthma) and eczema, and mould can also affect mental health.
Landlords should not wait for medical evidence before acting. If you are worried about symptoms, talk to a healthcare professional; our guide to the NHS in practice explains how the GP, 111 and the pharmacy work.
Scotland, Wales and Northern Ireland
This section covers only what the official government sites of those nations say (as of November 2026).
Scotland (gov.scot). From 6 October 2026, landlords must investigate reports of damp or mould and begin any necessary repairs within set timescales; cases reported before that date are not covered. The rules apply to most private tenancies (the most common being a Private Residential Tenancy).
- Private tenancies (mygov.scot): inspection within 10 working days, a written summary within 3 working days of finishing the inspection, and, for serious damp or mould, repairs started within 5 working days of finishing the inspection. The home must be free from serious damp and mould.
- If a private landlord doesn’t do repairs, the case goes to the First-Tier Tribunal for Scotland (Housing and Property Chamber). It is free to apply (mygov.scot).
- Social housing: if substantial damp or mould is found, repairs must be completed within 20 working days of starting the work (mygov.scot).
Wales (gov.wales). From 1 December 2022, landlords must ensure the home is ‘fit for human habitation’ (Renting Homes (Wales) Act 2016). Damp and mould growth is the first of 29 matters assessed.
Northern Ireland (nidirect). All rented accommodation must meet the fitness standard, which includes being free from dampness that could damage the occupant’s health (nidirect). If your home doesn’t meet it, tell the council’s Environmental Health office.
Frequently asked questions
Can my landlord say the mould is my fault because I don’t ventilate enough?
They shouldn’t: it is the landlord’s job to find out what is causing the damp. Ventilating and using extractor fans reduce condensation, but they don’t replace fixing the underlying cause. If there is a dispute, seek advice from the services listed at the end of this guide.
Can I stop paying rent until the mould is dealt with?
Citizens Advice says to keep paying: if you don’t, you’ll get into rent arrears and your landlord might try to evict you. If you are unsure, look for advice from the services at the end of this guide.
Do I need a doctor’s letter to report mould?
Medical evidence is not a requirement for the landlord to act, and under Awaab’s Law in social housing you don’t need to give it. A letter from your GP can still serve as evidence if the problem has made you ill.
Where to get help
- Citizens Advice: damp or mould in your rented home (England).
- Housing Ombudsman (social housing in England): tel. 0300 111 3000 (GOV.UK).
- Civil Legal Aid: tel. 0345 345 4345, or text ‘legalaid’ and your name to 80010 to ask for a call back.
- If you smell gas or suspect a leak: National Gas Emergency Service, tel. 0800 111 999.
This guide is general and does not replace legal advice. For your own case, check the current guidance on GOV.UK.
Sources
- Private renting: Repairs
- Understanding and addressing the health risks of damp and mould in the home
- Awaab's Law: Guidance for tenants in social housing
- Guide to the Renters' Rights Act
- Clampdown on dangerous homes to protect more tenants and families
- Extending Awaab's Law to private rented tenancies and to licences
- Tenant guide to the Housing Health and Safety Rating System (HHSRS)
- If you have damp or mould in your rented home
- Getting repairs done if you're renting privately
- Ask the council to check if your rented home needs repairs
- If the council decide your landlord has to do repairs
- How to complain to your landlord
- Getting repairs done as a private tenant
- If your private landlord does not do repairs
- Repairs in council or housing association homes
- Complaints when you rent from a council or housing association
- Awaab's Law: guidance for tenants in Scotland
- Fitness for human habitation: guidance for tenants (contract holders)
- Housing standards in rented accommodation
- Checking your home is fit to live in
Photos
- Cover: „Black Indoor Mold”, author: Couch-scratching-cats, licence Domena publiczna; cropped or resized.
Tags
Share with friends