Handling Mould and Damp Problems in Rented Homes (England)

Mould and damp are common issues faced by renters in England, and can seriously affect both your health and your home's condition. Knowing your rights and taking the right action early can help resolve these issues and ensure your landlord meets their legal responsibilities. This guide covers what you should do if you find mould or damp in your rented property, including steps to report problems and how to escalate if needed.

Why Mould and Damp Are a Serious Problem

Mould and damp not only cause unpleasant smells and damage personal belongings, but also increase the risk of respiratory problems. Both the UK government and local councils recognise the health risks associated with poor indoor living conditions.

Responsibilities: Who Must Fix Mould and Damp?

Landlords in England have a legal duty to keep rental homes free from serious hazards, including damp and mould. According to the Homes (Fitness for Human Habitation) Act 2018, rented properties must be safe and healthy to live in. This law works alongside the Landlord and Tenant Act 1985 which specifically makes landlords responsible for addressing structural or exterior dampness and keeping heating, water, and ventilation in working order.^1,2

Examples of Landlord Responsibility

• Structural defects causing water ingress (like leaking roofs or walls)
• Broken heating or ventilation systems
• Persistent damp due to building faults

Renters are expected to take reasonable care such as adequately heating and ventilating the home. However, landlords cannot blame tenants for issues caused by the property’s structure or faulty systems.

What To Do If You Find Mould or Damp in Your Rental

• Act quickly. Mould grows fast, so it’s important to take early action.
• Gather evidence: Take clear photos and note down when and where you noticed the problem.
• Contact your landlord or letting agent in writing, describing the issue and asking for it to be fixed. Keep copies of all correspondence.
• If the problem is not fixed within a reasonable time (usually 14–28 days), you can escalate your complaint.

How to Officially Report an Ongoing Problem

If your landlord does not respond or refuses to deal with mould and damp, you can contact your local council’s Environmental Health department. Environmental Health officers can inspect the property using the Housing Health and Safety Rating System (HHSRS), and have the power to order landlords to make urgent repairs if hazards are found.

Forms and Practical Examples

• Contacting Environmental Health: Most councils provide a ‘report a housing problem’ webform or printable form. You can find your local version on your council’s website. For example, if you live in Manchester, you would use Manchester City Council's Online Reporting Form.
  • When to use: If you’ve notified your landlord about mould or damp, but the issue hasn’t been fixed within a reasonable time.

Taking Things Further: Tribunal and Legal Action

If unresolved, you may be able to take your landlord to court or the First-tier Tribunal (Property Chamber) (for certain rent repayments and repairs). Legal action should typically be a last resort after all other steps have failed.

Relevant Legislation

• Homes (Fitness for Human Habitation) Act 2018
• Landlord and Tenant Act 1985

Frequently Asked Questions

1. What should I do first if I spot mould or damp in my rented home?
   Notify your landlord in writing as soon as you see the problem. Provide photos and a clear explanation, and keep a record of all communications.
2. Can I stop paying rent if my landlord won't fix mould or damp?
   No. You must continue to pay rent, even if repairs are outstanding. Stopping payments could risk eviction. Instead, report the issue to your local council.
3. What if my landlord tries to evict me after I complain?
   Retaliatory eviction is illegal in many cases. If you complain to the council and they serve a notice of improvement on your landlord, you gain extra protection from eviction under section 33 of the Deregulation Act 2015.
4. Which tribunal deals with serious housing repair cases?
   The First-tier Tribunal (Property Chamber) can handle rent repayment or enforcement issues, but court claims are more common for serious repair disputes.
5. Where can I get official help with mould and damp issues?
   Your local council’s Environmental Health department is the first official point of contact for unresolved damp or mould issues.

Conclusion: Key Takeaways

• Act early when you find mould or damp—always notify your landlord in writing and gather evidence.
• Landlords are legally required to address structural causes of damp and mould; you can escalate to your council if they don't act.
• Your right to repairs is protected by law, and you are safeguarded against retaliation for reporting issues.

Staying informed and keeping clear records makes it easier to get results if you face resistance.

Need Help? Resources for Renters

• Citizens Advice – Repairs in Rented Housing
• GOV.UK: Private renting – repairs
• Find your local council
• First-tier Tribunal (Property Chamber)

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

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