What Are a UK Tenant’s Rights Surrounding Mould & Damp?

Whether you're a landlord or a tenant, it's important to take action swiftly if you discover mould or damp in your home. Landlords have a responsibility to keep their rental properties in good condition and fix damp and mould quickly, and tenants have the right to request an inspection from an environmental health officer (EHO) if their landlord fails to act after they’ve reported damp or mould in the property.

In this blog, we'll cover everything you need to know about tenants' rights when it comes to damp and mould in the UK, including:

• The health risks associated with damp and mould
• Landlord vs tenant responsibilities
• Legal responsibilities for landlords
• How to identify and report damp and mould
• Tenants' rights if their landlord fails to address damp and mould
• Practical tips for preventing damp and mould

Complete our** CPD-certified damp and mould training course**** to find out more about what you should do if you encounter mould or damp, when to report it, and who is responsible for dealing with it.**

The health risks of damp and mould

Damp and mould can easily develop in areas of the home where there's lots of moisture and little ventilation, and can cause serious health issues if not dealt with quickly. Common symptoms of long-term exposure to damp and mould include:

• Coughing
• Shortness of breath
• Worsened asthma symptoms
• Respiratory infections

In severe cases, exposure to damp and mould can even lead to serious illness or death.

Vulnerable groups such as young children, the elderly, and those with weakened immune systems are most at risk of experiencing severe health issues as a result of damp and mould. The tragic death of two-year-old Awaab Ishak was the result of a severe respiratory infection due to prolonged exposure to mould in his home, which has resulted in the introduction of Awaab's Law - a new UK legislation that imposes a fixed timeframe on social housing landlords to investigate and address damp and mould in tenants' homes.

Research has shown that long-term exposure to damp and mould also has a negative effect on mental health, with a higher rate of depression and anxiety found among those who live in these conditions.

Landlord vs tenant responsibilities for preventing damp and mould

Both tenants and landlords have responsibilities when it comes to preventing damp and mould in rented properties. Generally, landlords are responsible for fixing the cause of damp and mould, while tenants are responsible for managing the daily prevention of damp and mould.

Landlord responsibilities

If damp or mould is caused by structural issues, disrepair, or inadequate property conditions, it's usually the landlord's responsibility. They are responsible for dealing with:

• Repairs to the building: Such as fixing leaking roofs, gutters, pipes, or external walls.
• Heating and ventilation: Ensuring the property has adequate heating and ventilation systems like radiators, extractor fans, and windows that open.
• Reports of damp or mould from tenants: If a tenant reports damp or mould, the landlord must investigate and take appropriate action.

Under the Homes (Fitness for Human Habitation) Act 2018, landlords must ensure properties are free from hazards that could affect health, including mould and damp.

Tenant responsibilities

Although it's the landlord's responsibility to get rid of damp and mould, 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 cooking, showering, or drying clothes.
• Heating use: Keeping the property adequately heated to reduce condensation build-up.
• Drying clothes: Avoiding drying clothes indoors without proper ventilation.
• Cleaning: Wiping away small patches of condensation before mould develops.
• Reporting issues quickly: Informing the landlord as soon as leaks, damp, or mould appear.

Tenants will also need to make sure they allow their landlord access to carry out inspections and repairs.

Mould and damp legislation that landlords must comply with

There are a number of regulations that private and social landlords must comply with in relation to damp and mould, and failure to comply can place a landlord at risk of prosecution or financial penalties.

The key pieces of legislation that landlords must comply with are:

• Housing Act 2004: All homes must be free from hazards at the most dangerous 'category 1' level, which includes all types of dampness and mould.
• Environmental Protection Act 1990: All homes must not contain conditions that are prejudicial to health. This act gives tenants and local councils the power to take legal action if damp and mould in a property is harmful to health.
• Homes (Fitness for Human Habitation) Act 2018 and Landlord and Tenant Act 1985: Properties must be free from hazards, including damp and mould, that make the dwelling unsuitable for occupation.
• Decent Homes Standard: Social housing must be in a reasonable state of repair and provide a reasonable degree of thermal comfort to prevent damp and mould.
• Minimum Level of Energy Efficiency standard: Privately rented homes must have a minimum Energy Performance Certificate (EPC) band E (unless exempt), which, among other things, will make the property less likely to be affected by damp or mould.
• Awaab's Law: Coming into force on 27 October 2025, Awaab's Law requires landlords to address damp and mould hazards that present a significant risk of harm within a set timescale.

For more information, see our guide on what landlords are responsible for when it comes to damp and mould in rental properties.

How to identify and report damp and mould

Spotting damp

There are several different types of damp you might find in a property:

• Condensation damp: The most common type of damp in rentals. It appears on cold surfaces (like windows, external walls, tiles) and shows as water droplets.
• Penetrating damp: Usually caused by leaks or structural issues. Look out for damp patches that get worse after rain, discoloured plaster, or peeling paint.
• Rising damp: Occurs when moisture travels up walls from the ground. Signs include tide marks on walls, salt deposits, or damaged skirting boards.

Keep an eye out for:

• Musty smells
• Cold or clammy rooms
• Peeling wallpaper or bubbling paint
• Dark patches on walls or ceilings
• Excess condensation on windows

Spotting mould

Mould often develops when damp is ignored, as damp provides it with the perfect breeding ground. Common signs of mould include:

• Black, green, or grey speckled patches on walls, ceilings, window frames, or furniture
• A persistent earthy or musty smell
• Growth in corners, behind furniture, or around window frames
• Spores that spread when wiped

Reporting damp and mould

Tenants should:

1. Document the issue: Take clear photos of the affected areas and keep a record of when the issue was first noticed and whether it gets worse after certain weather conditions.
2. Notify the landlord: Email or write to the landlord/letting agent with a description of the problem, photos of the mould or damp, and a request for a prompt inspection and repair.
3. Escalate if necessary: If the landlord fails to respond within a reasonable timeframe (up to 28 days), the tenant has the right to involve the local council.

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

If a landlord fails to act when damp or mould is reported, resulting in the tenant living in a property that is unsuitable for occupation and could cause harm to their health, there are several actions the tenant can take:

1. Contact the local council

Tenants can contact their local council to request an inspection from an environmental health officer (EHO). If the EHO identifies a serious category 1 hazard under the Housing Health and Safety Rating System (HHSRS), they can serve an improvement notice on the landlord.

2. Pursue legal action

If the landlord still fails to act, tenants may be able to take them to court for breach of contract, or under the Fitness for Habitation Act. The courts can order repairs and/or compensation for health problems, damaged belongings, or inconvenience caused by damp and mould.

If you're a tenant, one of the most important things you can do if your landlord is unresponsive to damp and mould problems is keep a detailed record of the issue. Take photos of the damp and mould and keep copies of all correspondence with your landlord.

Damp and mould training for landlords and tenants

Everyone deserves to live in a safe and healthy environment, but unfortunately, thousands of people every year become ill or develop health conditions as a result of exposure to mould. Whether you’re a landlord or a tenant, it’s important to know what tenants’ rights are when it comes to damp and mould in the UK.

Spotting mould early and knowing how to deal with it is essential to protect people from harm, which is where our mould and damp awareness course comes in.

This CPD-certified course is designed to help landlords and tenants identify mould, understand the risks associated with it, and understand what legal obligations there are around dealing with it.

Explore our full range ofsocial housing training courses** to stay compliant and build the skills, knowledge, and confidence you need to effectively manage a property.**