Damp and mould in a rental property: a landlord's guide

Statutory position verified as of June 2026

In a rented home, the landlord is responsible for damp and mould wherever they stem from disrepair, a structural defect, or heating and ventilation the property cannot sustain, while the tenant's narrower duty is to ventilate and heat the home reasonably and to report problems promptly. That split decides who pays and who must act. Damp is not a rare complaint either: the government's English Housing Survey for 2024 to 2025 found that 10 per cent of privately rented homes had experienced damp. This guide explains who is responsible, how quickly you must respond, and how to treat, prevent and document the problem before it becomes a dispute. For the underlying definitions and how each type forms, see our entry on damp and mould.

Who is responsible, the landlord or the tenant?

The landlord is responsible for damp and mould caused by the condition of the building, and the tenant is responsible only for using the home in a reasonable way. Under section 11 of the Landlord and Tenant Act 1985, a landlord must keep the structure and exterior in repair and keep the installations for heating, water and sanitation in working order. Rising damp and penetrating damp almost always fall to the landlord because they originate in the fabric of the building. Condensation is the grey area. Where it follows from a property that is hard to heat or poorly ventilated, solving it is the landlord's responsibility; where it follows purely from how a tenant lives, with no underlying defect, the tenant carries more of the day-to-day management.

The line is rarely clean, and a landlord cannot dismiss a complaint as a lifestyle issue without investigating it first. Government guidance for social landlords is explicit that everyday activities such as cooking, washing and drying clothes are not, on their own, a reason to avoid acting, and that is a sensible standard for private landlords to hold themselves to as well.

Start by identifying the cause, because it decides who pays

Identifying the cause is the first practical step, because the cause determines both the fix and who carries it. Condensation, the most common cause in rented homes, forms when warm, moist air meets a cold surface, and the remedy is usually better ventilation, more consistent heating and adequate insulation rather than a structural repair. Rising damp occurs where groundwater travels up through walls that have no effective damp proof course, leaving a tide mark up to about a metre from the floor, and repairing or installing a damp proof course is the landlord's responsibility where an existing one has failed. Penetrating damp comes from water getting in through the building, often through a damaged roof, blocked gutters, failed pointing or perished window seals, and it too sits with the landlord because it is a repair to the structure.

What the law requires

A private landlord already carries clear duties on damp and mould, well before Awaab's Law reaches the sector. Section 11 of the 1985 Act covers the structure, exterior and key installations. The Homes (Fitness for Human Habitation) Act 2018 requires a let home to be fit for human habitation at the start of the tenancy and throughout it, and serious damp or mould can make a home unfit. Local authorities can also assess hazards under the Housing Health and Safety Rating System created by the Housing Act 2004, and damp and mould are among the hazards they can act on. Our guide to landlord and tenant repair obligations sets out how these duties fit together, and the wider standards package arriving for the sector is covered in our property standards and compliance overview.

How quickly must a landlord act?

For social landlords, Awaab's Law now sets explicit deadlines, and they are the benchmark private landlords should expect to inherit. Under the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, in force since 27 October 2025, an emergency hazard must be investigated and made safe within 24 hours. A significant damp and mould hazard must be investigated within 10 working days, the tenant must receive a written summary of the findings within 3 working days of that investigation ending, and safety works must begin within 5 working days where a significant hazard is confirmed. If the home cannot be made safe within those timescales, the landlord must offer suitable alternative accommodation.

Awaab's Law does not yet apply to private landlords. The Renters' Rights Act 2025 contains the power to extend it through Section 60, but the government has said it will consult on how the timescales should work for the sector, and no commencement date has been confirmed as of June 2026; an extension is not expected before 2027. For the full timeline, the likely scope and how to get ready, see our guide to when Awaab's Law will apply to private landlords. Until then, the private-sector test under section 11 is to carry out repairs within a reasonable time of becoming aware, with what counts as reasonable depending on the severity. From working with self-managing landlords across the UK, the safest approach is to treat the Awaab's Law clock as though it already applied: acknowledge a report the day it arrives, inspect quickly, and keep the tenant informed in writing throughout. Our guide to a reasonable wait time for repairs explains how the courts weigh timeliness.

How to treat damp and mould

Treating the visible mould without fixing the cause only buys a few weeks, so the order of work matters. Surface mould on hard, non-porous surfaces can be cleaned with a fungicidal wash, but porous materials such as saturated plaster or soft furnishings usually need replacing, because the growth runs deeper than cleaning reaches. The real fix addresses the cause: repairing or installing a damp proof course and replastering for rising damp; repairing the roof, gutters or pointing for penetrating damp; and improving ventilation, heating and insulation for condensation. For anything beyond minor condensation, a moisture survey from a damp specialist earns its cost twice over, because it identifies the true cause and gives you evidence if responsibility is later disputed.

How to prevent damp and mould

Prevention is cheaper than cure and is largely a maintenance discipline. Keep gutters clear and downpipes draining away from the walls, since blocked guttering is one of the most common routes to penetrating damp. Check the roof before each winter and commission a roof survey if you suspect slipped tiles or failed flashing. Make sure the property can genuinely be kept warm and ventilated, with working extractor fans in the kitchen and bathroom, trickle vents that are not painted shut, and insulation that holds wall surfaces above the temperature at which condensation forms. Setting these expectations with the tenant in writing at the start of the tenancy heads off most condensation disputes later.

What happens if damp and mould are not dealt with

Ignoring a damp and mould complaint exposes a landlord to enforcement, claims and reputational damage. A local authority can serve an improvement notice requiring the work within a set period, and local councils can impose civil penalties of up to £7,000 where a landlord fails to keep a property free of serious hazards, rising to as much as £40,000 for serious or repeated breaches across the Renters' Rights Act 2025. A tenant living with unaddressed disrepair can also pursue the landlord through the courts and, in some cases, apply for a rent repayment order; since the tenancy reforms commenced on 1 May 2026, the maximum has doubled from twelve to twenty-four months' rent. Where the damp is prejudicial to health, a tenant can additionally bring a statutory nuisance complaint under the Environmental Protection Act 1990. Damp and mould also surface regularly in deposit disputes, where the question of whether the landlord maintained the property or the tenant failed to ventilate it is decided on the evidence each side can show.

Keeping records: a landlord's best protection

The landlords who come out of a damp dispute well are the ones who can show what they did and when. Log every report, the date you became aware, your inspection findings and the works you carried out, and keep the photographs and contractor correspondence alongside them; getting the basics of reporting a repair right is what makes that record stand up. You can log every repair and report against the property, with reminders for follow-up inspections, and track recurring inspections and certificates in one checklist. Landlords using August consistently tell us that the single organised timeline is what makes the difference when a case reaches adjudication, because it speaks for itself.

Frequently asked questions

Is the landlord or the tenant responsible for condensation mould?

It depends on the cause. Where condensation results from a property that is hard to heat, poorly ventilated or inadequately insulated, it is the landlord's responsibility to fix. Where it results purely from how the tenant lives, with no underlying defect, the tenant is responsible for managing it. The landlord must still investigate a report before reaching that conclusion.

Does Awaab's Law apply to private landlords yet?

No. As of July 2026 it applies only to social housing in England, where it has been in force since 27 October 2025. The Renters' Rights Act 2025 gives the government the power to extend it to private landlords, but no date has been confirmed. For the likely timing and how to prepare, see our guide to Awaab's Law for private landlords.

How long does a landlord have to fix damp and mould?

A private landlord must act within a reasonable time of becoming aware, judged by the severity of the problem. For social landlords, Awaab's Law sets fixed deadlines: 24 hours for an emergency, investigation within 10 working days for a significant damp and mould hazard, and safety works within 5 working days of that investigation.

Can a tenant withhold rent because of damp and mould?

Withholding rent is risky and does not remove the obligation to pay, so it can simply tip the tenant into arrears. The more effective routes are reporting to the landlord, escalating to the local authority's environmental health team, and pursuing a disrepair claim. A landlord who responds promptly and keeps records is well protected against all three. If you would rather not chase paperwork across spreadsheets and email, you can start for free and keep every repair report, inspection and certificate in one place.

Disclaimer: This article is a guide and not intended to be relied upon as legal or professional advice, or as a substitute for it. August does not accept any liability for any errors, omissions or misstatements contained in this article. Always speak to a suitably qualified professional if you require specific advice or information.