Damp and Mould: The Landlord's Obligations
Your legal obligations when a tenant reports damp or mould.
Damp and mould is the most common complaint in the private rented sector and one of the most serious. It is a health hazard — mould spores can cause respiratory problems, allergic reactions, and in severe cases, fatal illness. The death of Awaab Ishak in 2020 from prolonged exposure to mould in a social housing property led to significant legislative change.
Under the Renters' Rights Act, Awaab's Law has been extended to the private rented sector. Landlords now face strict timescales for responding to damp and mould reports. Failure to comply can result in enforcement action and civil penalties.
The legal framework
Several pieces of legislation are relevant to damp and mould in rental properties: the Homes (Fitness for Human Habitation) Act 2018 (the property must be fit for human habitation throughout the tenancy), the Housing Health and Safety Rating System (damp and mould is a Category 1 hazard in serious cases), Awaab's Law (strict response timescales), and the Landlord and Tenant Act 1985 (Section 11 repair obligations).
- Homes (Fitness for Human Habitation) Act 2018
- Housing Health and Safety Rating System (HHSRS)
- Awaab's Law (extended to private sector under the RRA)
- Landlord and Tenant Act 1985, Section 11
- Decent Homes Standard (extended to private sector)
Why this matters more than ever
Damp and mould claims are increasingly common in the private rented sector. Tenants are more aware of their rights, local authorities are more active in enforcement, and the courts are more willing to award damages for disrepair. A landlord who ignores a damp report faces financial penalties, disrepair claims, and reputational damage.
Never dismiss a damp or mould report as "condensation caused by the tenant" without investigating properly. This response is increasingly scrutinised by courts and local authorities.