My Landlord Won't Fix the Damp and Mould
You have reported damp, mould, or condensation problems to your landlord and they are refusing to address them. This can be a serious health hazard and you have legal remedies.
Quick Answer
Your landlord has a legal duty to keep the structure and exterior of your home in repair under section 11 of the Landlord and Tenant Act 1985. Since October 2022, the Homes (Fitness for Human Habitation) Act 2018 has also required rented homes to be free from hazards that could harm health or safety, including damp and mould. If your landlord fails to act after being notified in writing, you can report to the local council's environmental health department, withhold rent (with legal advice), or bring a county court claim for disrepair.
Full Explanation
Landlords of residential tenancies have repairing obligations under section 11 of the Landlord and Tenant Act 1985. These include keeping the structure and exterior in repair and keeping installations for heating, water, gas, and sanitation in working order. The Homes (Fitness for Human Habitation) Act 2018 (which amended the Landlord and Tenant Act 1985) adds a further requirement that a dwelling must be fit for human habitation throughout the tenancy — this includes being free from hazards that would affect the health and safety of an occupier, assessed against the Housing Health and Safety Rating System (HHSRS).
Damp and mould can constitute a Category 1 (serious) or Category 2 (moderate) hazard under the HHSRS depending on severity. Category 1 hazards trigger the local authority's mandatory power (and in some cases duty) to take enforcement action against the landlord. The Homes (Fitness for Human Habitation) Act 2018 allows tenants to sue their landlord directly in the county court — you do not need to wait for the council to act.
The Renters (Reform) Act 2023 (now Renters' Rights Act 2024 — passed into law in 2025) also strengthened tenant remedies, including provisions aimed at damp and mould specifically following the widely reported death of Awaab Ishak in 2020 (Awaab's Law requires social landlords to fix hazardous damp and mould within strict timeframes; the Government has announced plans to extend this to private landlords).
For remedies: the county court can order the landlord to carry out repairs (a mandatory injunction) and award damages for any personal injury, damage to belongings, or the impact on your enjoyment of the property. Damages in disrepair cases can be significant where the disrepair has caused health problems (e.g., respiratory illness in children). Legal aid may be available for disrepair claims where personal injury has occurred.
Do not simply stop paying rent without legal advice — rent arrears can make it easier for a landlord to seek possession, and courts may take a dim view of self-help remedies that were not legally authorised.
Legal Basis
- §Landlord and Tenant Act 1985, section 11
- §Homes (Fitness for Human Habitation) Act 2018
- §Housing Act 2004 (Housing Health and Safety Rating System)
- §Environmental Protection Act 1990, section 79 (statutory nuisance)
What To Do
Report to Your Landlord in Writing
Notify your landlord of the damp and mould by letter or email, describing the problem in detail and attaching photographs. Keep copies. This notification is a legal prerequisite — a landlord is only in breach of their repairing obligations once they have been notified and failed to act within a reasonable time.
Keep a Record and Document the Problem
Photograph the damp and mould with timestamps. Record any health symptoms (see your GP and request a letter if damp-related illness is suspected). Keep receipts for any damaged belongings. This evidence is essential for any court claim or council enforcement action.
Report to the Local Council's Environmental Health Department
If the landlord fails to act, contact the local council and ask the environmental health team to inspect the property under the Housing Health and Safety Rating System. If a Category 1 hazard is identified, the council must take action (improvement notice, prohibition order, or emergency action). This is free and does not require you to instruct a solicitor.
Consider a County Court Disrepair Claim
You can bring a claim in the county court for breach of section 11, breach of the fitness for human habitation obligation, and/or statutory nuisance. The court can order repairs and award damages. Consult a housing solicitor — legal aid may be available, and many housing solicitors offer no-win no-fee funding for disrepair cases. Send a formal letter of claim at least 3 months before issuing proceedings (pre-action protocol for housing disrepair).
Use Your Right of Set-Off (With Caution)
In limited circumstances, tenants can set off the cost of emergency repairs against rent owed — but this is a legally complex area and doing it incorrectly can lead to possession proceedings for rent arrears. Take legal advice before withholding rent or carrying out repairs yourself.
Important Deadlines
Important Warnings
Do not stop paying rent without legal advice — this may expose you to possession proceedings and undermine your disrepair claim.
Condensation caused by your own lifestyle (e.g., lack of ventilation, inadequate heating) is less likely to be the landlord's responsibility than structural damp or rising damp.
If your landlord serves a section 21 notice after you complain about disrepair, this may constitute retaliatory eviction — seek legal advice immediately.