Dealing with Mold and Damp as a Renter in England

Mold and damp problems are common complaints among renters in England and can impact both your health and the condition of your home. Understanding your rights, the responsibility of your landlord, and the correct steps to take is essential for getting issues resolved quickly and safely.

Understanding Mold and Damp in Rented Properties

Mold is a type of fungus that thrives in damp, poorly ventilated spaces. Excess moisture or condensation can lead to problems such as black mold, peeling wallpaper, and musty smells. As a renter, you have the right to live in a property that meets basic health and safety standards.

Who Is Responsible for Dealing with Mold?

In England, most landlords are legally required to address damp and mold if it's caused by building issues (like leaking roofs, plumbing, or inadequate ventilation). If the problem is due to your actions (such as not ventilating or heating the property), the landlord may not be responsible. However, in many cases, property defects or lack of repairs play a major role.

The Homes (Fitness for Human Habitation) Act 2018 ensures all rented homes must be free from hazards, including damp and mold¹. Your landlord must keep the structure and exterior of your home in repair, according to the Landlord and Tenant Act 1985 Section 11².

Steps Renters Should Take

• Document the problem: Take clear photographs of any mold or damp patches and note where and when the problem occurs.
• Inform your landlord in writing: Email or write a letter describing the issue, requesting repairs, and including your evidence. Keep copies of all communications.
• Allow reasonable time: Give your landlord a reasonable period (often around 14 days) to respond and arrange for repairs.

• Contact your local council: If your landlord does not act, your local council’s Environmental Health team can investigate. Find your council using the official council locator.
• Keep a record: Note all responses and visits, dates, and any ongoing issues or deterioration.

Using Official Forms and Making a Complaint

• HHSRS Inspection Request: The local council uses the Housing Health and Safety Rating System (HHSRS) to assess your property for hazards like mold.
  How to use: Ask your local Environmental Health team for an HHSRS inspection—no special national form is required. Provide your evidence and communication record when you request it.
• Form N1 – County Court Claim Form: If unresolved, you may claim compensation or compel repairs using Form N1.
  How to use: Use as a last resort to start court proceedings. For example, if your landlord refuses to act after council involvement, complete and submit Form N1 along with your evidence to the County Court.

For more about tenancy disputes, the main tribunal is the First-tier Tribunal (Property Chamber) – Residential Property in England.

Preventative Tips for Tenants

While landlords must address property defects, renters can also help prevent mold:

• Ventilate rooms regularly by opening windows when possible
• Use extractor fans in bathrooms and kitchens
• Try to dry clothes outside when you can
• Report leaks or water ingress straight away

Consistent prevention can reduce new issues while you await lasting repairs from your landlord.

FAQ

1. What should I do first if I spot mold in my rented property?
   Immediately document the problem with photographs and let your landlord know in writing. Request prompt repairs and keep a record of all communication.
2. Can I stop paying rent because of mold?
   It’s not usually lawful to withhold rent. Instead, follow complaint procedures and keep paying rent to avoid eviction risks.
3. Is my landlord always responsible for mold problems?
   Landlords are responsible if property defects are the cause. If it’s due to tenant activities, they may not be, but you can seek advice if unsure.
4. How do I get my local council to help?
   Contact your local council’s Environmental Health department, request an HHSRS inspection, and provide your documentation. Find your council using the official council locator.
5. What if my health is affected by damp or mold?
   See your GP, explain the situation, and share medical evidence with your landlord or council when reporting the problem.

Conclusion: Key Takeaways

• Always document mold and damp, and inform your landlord in writing at the earliest sign.
• If your landlord fails to act, contact your local council for an official inspection using the HHSRS process.
• Keep paying rent while problems are addressed to protect your legal position.

By understanding your rights and using the right official channels, you can protect yourself and improve your living conditions.

Need Help? Resources for Renters

• Shelter – Help with Repairs and Housing Conditions
• Citizens Advice – Repairs in Rented Housing
• GOV.UK – Repairs in Rented Housing
• Find your local council for Environmental Health contacts
• First-tier Tribunal (Property Chamber) – Residential Property

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1. Homes (Fitness for Human Habitation) Act 2018
2. Landlord and Tenant Act 1985 Section 11

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