You Reported Damp and Mould but Your Landlord Won't Fix It
Damp and mould that makes your home unfit to live in is a breach of your landlord's repairing obligations. You can enforce repairs through the council's environmental health team, through the courts, and — for serious cases — under Awaab's Law.
Quick Answer
Most landlords are legally required to keep your home structurally sound and free from serious damp under the Landlord and Tenant Act 1985, s.11. The Homes (Fitness for Human Habitation) Act 2018 further requires all rented homes to be fit for human habitation throughout the tenancy. If your landlord ignores written reports of damp and mould, you can report to the council's environmental health officer, serve a pre-action protocol letter, and bring a disrepair claim in the county court.
Full Explanation
There are multiple overlapping legal obligations that require private and social landlords to address damp and mould. The Landlord and Tenant Act 1985, s.11 implies a repairing covenant into most residential tenancies under seven years — the landlord must keep the structure and exterior of the dwelling in repair, and keep the installations for water, gas, electricity, and sanitation in working order. Damp arising from structural defects (roof, walls, windows, guttering) falls squarely within this obligation.
The Homes (Fitness for Human Habitation) Act 2018 (which amended the Landlord and Tenant Act 1985 by inserting a new s.9A) imposes an additional implied term that the landlord will ensure the dwelling is fit for human habitation at the commencement of the tenancy and throughout. Fitness is assessed by reference to the 29 hazards in the Housing Health and Safety Rating System (HHSRS), including damp and mould growth. This applies to all tenancies, including those over seven years, providing a broader remedy than s.11 alone.
Environmental health officers (EHOs) at the local council have powers under the Environmental Protection Act 1990, s.79–80 to designate damp and mould as a statutory nuisance and to serve an abatement notice on the landlord requiring them to remedy the problem within a specified period. EHO action is free to you and can be effective, but councils vary in their speed and willingness to act.
Awaab's Law — introduced by the Renters' Rights Act 2025 and applying initially to social landlords — requires landlords to investigate hazardous damp and mould reports within specified timeframes (24 hours for emergency hazards, 14 days for urgent hazards) and to remedy them within defined periods. The government has indicated it will extend Awaab's Law to the private rented sector in subsequent regulations.
Before issuing court proceedings, you should follow the Pre-Action Protocol for Housing Disrepair Claims. This involves sending a letter of claim to your landlord setting out the disrepair, requesting access for inspection, and giving them a reasonable period (at least 20 working days) to respond. Many disrepair cases settle at the pre-action stage once a solicitor is involved. If the matter proceeds to court, you can claim both the cost of remedying the disrepair and damages for the period of discomfort, distress, and any damage to belongings.
Legal Basis
- §Landlord and Tenant Act 1985, s.11 (repairing obligations — structures and installations)
- §Homes (Fitness for Human Habitation) Act 2018 (inserting s.9A into LTA 1985)
- §Environmental Protection Act 1990, ss.79–80 (statutory nuisance)
- §Renters' Rights Act 2025 (Awaab's Law — currently social landlords)
What To Do
Document the Damp and Mould Thoroughly
Photograph every affected area, including hidden areas behind furniture. Measure the extent if possible. Keep a written log with dates showing when the problem first appeared and how it has progressed. Note any health effects on household members — this is directly relevant to damages.
Report in Writing to the Landlord with Timestamps
Send a written report (email is ideal for evidential purposes) to your landlord or letting agent describing the damp and mould in detail and requesting repair. Attach photographs. Keep all correspondence. This creates the evidential record that the landlord was put on notice.
Contact the Council's Environmental Health Officer
If the landlord does not respond within a reasonable time (two to four weeks), report the matter to your local council's environmental health department. Request an inspection. The EHO can serve an abatement notice requiring the landlord to act. This is free and does not require legal proceedings.
Send a Pre-Action Protocol Letter (Housing Disrepair)
Instruct a housing disrepair solicitor to send a formal letter of claim in accordance with the Pre-Action Protocol for Housing Disrepair Claims. This letter sets out the disrepair, demands access for inspection, and gives the landlord at least 20 working days to respond. Many landlords repair at this stage to avoid litigation. Many housing disrepair solicitors take cases on a conditional fee (no-win, no-fee) basis.
Issue a County Court Claim if Repairs Are Not Made
If the landlord still does not repair, your solicitor can issue a county court claim for: (1) an order requiring the landlord to carry out the repairs; and (2) damages for the period of disrepair, including any damage to health, belongings, and general inconvenience. Conditional fee arrangements are common in disrepair cases.
Important Deadlines
Important Warnings
Some damp and mould is caused by condensation due to lifestyle — poor ventilation, insufficient heating, drying clothes indoors — which may reduce your claim; a surveyor's report can clarify the cause.
Do not withhold rent as a means of pressuring your landlord to repair — this may give grounds for eviction and weakens your legal position.
If you have a social landlord (housing association or council), Awaab's Law now imposes strict investigation and repair timescales — use the formal complaints procedure and Ombudsman route if the landlord fails to comply.