What Is a Landlord’s Responsibility for Damp and Mould in a Rental Property?

When it comes to mould in a rental property, landlords have a number of legal responsibilities they must comply with to protect the health and safety of their tenants.

In a nutshell, the responsibility for damp and mould can be broken down as follows:

• Landlords are responsible for fixing the cause of damp and mould
• Tenants are responsible for managing the daily prevention of damp and mould

We’ll cover this in further detail in this blog, delving into the various pieces of legislation that apply to damp and mould in rental properties, how landlords can prevent damp and mould, and what consequences landlords may face if they ignore damp and mould problems.

If you’re a landlord who’s unclear on what you’re responsible for when it comes to damp and mould in a rental property, our CPD-certified Mould and Damp Awareness training course is designed to help you meet your legal health and safety obligations.

What legislation must landlords follow in relation to damp and mould in a rental property?

Damp and mould can pose a serious risk to health, causing allergic reactions, respiratory issues, and, in the most extreme cases, death.

The latest piece of legislation to be introduced as of September 2025 is Awaab’s Law, named after two-year-old Awaab Ishak who tragically died due to a severe respiratory infection caused by prolonged exposure to mould in his home. This legislation, which comes into force on 27 October 2025, requires landlords to address damp and mould hazards that pose a significant risk of harm within a set timescale.

Other key pieces of legislation that dictate how landlords must respond to damp and mould in a rental property include:

Housing Act 2004

The Housing Act 2004 introduced the Housing Health and Safety Rating System (HHSRS), which requires landlords to ensure their properties are free from serious hazards, including damp and mould. If damp or mould is identified as being the most dangerous ‘category 1’ level hazard, the landlord must, by law, take urgent remedial action to protect the health of their tenants.

Environmental Protection Act 1990

Under the Environmental Protection Act 1990, damp and mould may be considered a statutory nuisance if they have a serious impact on a tenant’s health or quality of life. This act gives local authorities the power to serve abatement notices on landlords, requiring them to resolve the issue or face enforcement action.

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

These laws work together to make it a landlord’s responsibility to ensure that rented homes are fit for human habitation at the start and throughout a tenancy. Damp and mould are explicitly included in the definition of hazards that can make a property unfit, and landlords must take action to resolve the problem.

Decent Homes Standard

The Decent Home Standard states that social housing must be free from serious hazards, be in a reasonable state of repair, and provide adequate thermal comfort. Damp and mould fall under this requirement, and landlords must ensure their properties are maintained to a standard that prevents these issues and protects tenants’ health.

Minimum Level of Energy Efficiency Standard

The Minimum Level of Energy Efficiency Standard requires landlords to meet at least an Energy Performance Certificate (EPC) rating of E for rented properties. Improving insulation, ventilation, and heating systems not only meets this standard but also reduces the likelihood of damp and mould developing in a property.

Landlord responsibilities vs tenant responsibilities for preventing mould and damp

Landlords and tenants both have responsibilities when it comes to preventing damp and mould. If you’re a landlord, make sure you let new tenants know what the expectations are to minimise the risk of damp or mould developing in the property.

Landlord responsibilities

Landlords are responsible for resolving damp and mould issues if structural issues, disrepair, or inadequate property conditions are the cause. This involves:

• Making repairs to the building: Such as fixing leaking roofs, gutters, or external walls.
• Providing proper heating and ventilation: Ensuring the property is equipped with working radiators, extractor fans, and windows that open.
• Addressing reports of damp or mould: If a tenant reports damp or mould in the property, the landlord must investigate and take appropriate remedial action.

Tenant responsibilities

While landlords are legally responsible for removing damp and mould if it poses a risk to the tenant’s health, tenants have an obligation to minimise the risk of damp and mould day-to-day. This involves:

• Ventilation: Opening windows or using extractor fans when showering, cooking, or drying clothes.
• Heating use: Keeping the property adequately heated during the winter months to reduce condensation.
• Cleaning: Wiping away any patches of condensation to prevent mould from developing.
• Reporting issues promptly: Letting the landlord know as soon as leaks, damp, or mould appear.

How should landlords respond when damp or mould is reported by a tenant?

If a tenant reports a damp or mould problem, there are several steps landlords should follow to ensure they’re meeting their legal obligations:

1. Acknowledge the report swiftly: Confirm in writing that you have received the tenant’s complaint so they know the issue is being taken seriously.
2. Investigate the cause: Arrange an inspection as soon as possible to identify the cause of the damp or mould. It could be lifestyle factors, such as the tenant failing to open windows or use extractor fans, or structural issues, like a leaking roof or pipes.
3. Carry out the necessary repairs: Fix any underlying problems such as leaky roofs, broken extractor fans, or inadequate insulation. For major repairs, you should always hire a professional rather than trying to fix the issue yourself.
4. Provide temporary solutions if necessary: If repairs are likely to take a while, you should do everything you can to ensure the property is still liveable in the meantime, such as providing a dehumidifier or advising on proper use of heating and ventilation.
5. Communicate clearly with the tenants: Keep them updated on what will be done and when you expect it to be done by. If you or any repairmen will require access to the property, you must give your tenants sufficient notice and arrange this for a time that suits them.
6. Document everything: Keep records of all inspections, communications, and repairs carried out. This will be important if you run into any future disputes or are faced with enforcement action.
7. Follow up: Check in with the tenants a few weeks after the repairs have been carried out to ensure the issue has been resolved and the mould hasn’t returned.

What actions can tenants take if their landlord fails to address damp and mould issues?

If landlords fail to meet their responsibilities for damp and mould in a rental property, leaving their tenants in unsafe conditions that could be detrimental to their health, the tenants can take action.

Tenants can contact their local authority to request an inspection from an environmental health officer (EHO), who can serve an improvement notice on the landlord if a serious category 1 hazard is identified under the HHSRS.

If the landlord still fails to take action, the tenant may be able to sue their landlord for breach of contract or violation of the Fitness for Habitation Act. The courts can order repairs and/or compensation for any health problems, damage to belongings, or inconvenience caused by damp and mould.

See our blog on tenants’ rights surrounding mould and damp for more information.

What are the consequences for landlords who ignore damp and mould problems?

In addition to the legal consequences mentioned above, landlords who ignore damp and mould issues in their rental properties can experience significant financial and reputational damages.

Damp and mould can have a huge impact on property value, making the property less attractive to potential buyers or future renters. Poor reviews and word-of-mouth can also make it harder to rent out the property in the future, especially with online rental platforms highlighting tenant feedback.

If you’re a landlord, the best thing you can do to avoid legal, financial, and reputational damages is to make sure you have a solid understanding of your legal responsibilities when it comes to damp and mould in a rental property and act accordingly.

Stay on top of your legal responsibilities as a landlord with courses from Virtual College

With so much legislation in place, including the newly-introduced Awaab’s Law, understanding your responsibilities around damp and mould as a landlord can be challenging.

That’s where Virtual College comes in – our Damp and Mould Training Course is designed to help landlords meet their legal health and safety obligations, ending with a short multiple choice test to make sure you’ve wrapped your head around the material.

Upon successful completion of the course, you’ll receive a RoSPA-assured and CPD-approved certificate for your records that evidences your commitment to keeping your tenants safe.

Explore our full range of social housing courses to gain the skills, knowledge, and confidence you need to support your tenants and stay compliant.