Your Rights for Mold and Damp Repairs in Wales

Dealing with mold and damp in a rented home can be challenging, especially in Wales where the climate and some older properties can contribute to persistent problems. This guide explains your rights and options as a renter in Wales if you are coping with issues like damp, condensation, or mold, so you can get safe, healthy housing.

Understanding Your Legal Rights Around Damp and Mold

In Wales, landlords have clear legal duties to make sure your home is free from serious hazards, including exposure to damp and mold. Under the Renting Homes (Wales) Act 2016, landlords must keep the property in a state that is fit for human habitation throughout your tenancy, and that includes addressing damp problems.

• Your landlord must fix structural problems or issues that lead to mold or damp, such as leaks, rising damp, or poor insulation.
• You are responsible for using heating and ventilation appropriately, but you are not responsible if mold is caused by factors outside your control.
• If mold or damp makes your home seriously unhealthy, it may be classed as a ‘hazard’ under the Housing Act 2004.

If your landlord fails in these duties, you have formal steps you can take to ensure repairs are made.

Steps to Take if You Have Mold or Damp Problems

Always try to resolve issues with your landlord first, but use these steps if you need to escalate your complaint:

1. Report the Problem to Your Landlord

• Notify your landlord in writing about the damp or mold. Clearly describe the problem and how it affects your health and the condition of the home.
• Keep a copy of all correspondence.
• Give your landlord a reasonable time to fix the issue (usually 14–28 days unless it’s urgent).

2. Use the 'Fitness for Human Habitation' Process

• If repairs aren’t made, you can take action under the Renting Homes (Wales) Act 2016.
• Contact your local council’s environmental health department—they may inspect your home for hazards.
• If needed, the council can serve an Improvement Notice on your landlord, requiring repairs.

3. Applying to the Tribunal

• You may apply to the Residential Property Tribunal Wales if your landlord refuses essential repairs.

Relevant Official Forms

• Improvement Notice (Housing Act 2004, Part 1): Issued by your local council if hazards are identified. You don't submit this form yourself, but you can report the issue to your council online here and they will initiate this process if appropriate.

If your landlord serves you a 'possession notice' (eviction notice) after you report repairs, this could be considered unlawful 'retaliatory eviction'. Welsh law gives you added protection against this kind of eviction under section 217 of the Renting Homes (Wales) Act.

Prevention and Quick Actions

Some mold and condensation can be prevented day-to-day. Simple steps include:

• Open windows regularly to improve ventilation
• Use extractor fans in kitchens and bathrooms
• Inform your landlord about any leaks or water ingress immediately

Summary

Addressing mold and damp promptly can protect your health and rights. Don’t delay in reporting the issue and taking further steps if your landlord doesn’t act.

Frequently Asked Questions

1. What are my landlord's legal obligations for damp and mold in Wales?
   Your landlord must keep the rented home free from serious hazards, including issues caused by damp and mold under the Renting Homes (Wales) Act 2016.
2. Can I withhold rent until repairs are made?
   No, you should not withhold rent as this could result in eviction. Instead, follow the steps to report the problem and involve your local council or the tribunal if needed.
3. How do I contact my local council to report mold or damp?
   Visit the Government’s official page for reporting housing issues to your council to start the process.
4. What is an Improvement Notice?
   An Improvement Notice is a legal order that your council can serve on your landlord, requiring repairs to remedy serious hazards like mold or damp.
5. Can my landlord evict me for reporting damp problems?
   No, retaliatory eviction is unlawful in Wales if you have correctly reported repair issues. If you receive a notice, seek advice or support immediately.

Conclusion: Key Takeaways

• Welsh landlords must fix serious damp and mold issues, making the home safe to live in.
• Always report problems in writing and give your landlord a fair chance to respond.
• If repairs are not made, you can involve your council and, if needed, apply to the Residential Property Tribunal Wales.

Need Help? Resources for Renters

• Shelter Cymru – Free advice for renters in Wales
• Welsh Government’s Housing pages – guidance on housing standards and tenants’ rights
• Residential Property Tribunal Wales – Apply for a decision if your landlord won’t make repairs
• Report housing hazards to your local council

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1. Renting Homes (Wales) Act 2016
2. Housing Act 2004
3. Residential Property Tribunal Wales
4. Report housing problems to your council (GOV.UK)

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