Damp and mould are among the most common complaints raised by tenants, and among the most misunderstood issues landlords face. The confusion usually comes down to one question: is this a building problem or a lifestyle problem? Getting the answer right matters, because the law has shifted decisively in recent years towards holding landlords accountable, while still recognising that everyday living produces moisture that tenants must manage sensibly. This guide sets out the legal framework, the practical division of responsibility, and the steps both parties should take when damp or mould appears.
Why this issue carries real legal weight
Damp and mould is not simply a cosmetic nuisance. Damp and mould primarily affect the airways and lungs, but they can also affect the eyes and skin, and the respiratory effects can cause serious illness and, in the most severe cases, death. The presence of damp and mould can also affect tenants' mental health, due to worries about the health impacts, unpleasant living conditions and destruction of belongings. Certain groups face heightened risk. Damp and mould is known to cause risks to health, and certain groups are particularly vulnerable to the impact of damp and mould, including children, older people and people with asthma.
This is precisely why the government has hardened its position. Updated guidance states that landlords must treat cases of damp and mould with the utmost seriousness and act promptly to protect their tenants' health, and that damp and mould in the home are not the result of lifestyle choices, but the responsibility of landlords to identify and address the underlying causes such as structural issues or inadequate ventilation. At the same time, the guidance is realistic about everyday life. It is unavoidable that everyday tasks such as cooking, bathing, washing and drying laundry will contribute to the production of indoor moisture. The key distinction the law draws is not whether moisture is produced, but whether the building can cope with it.
The legal framework landlords must know
Several overlapping pieces of legislation govern this area, and it helps to understand what each one actually does.
Section 11, Landlord and Tenant Act 1985. Landlords have a statutory duty under section 11 to keep in repair the structure and exterior of the dwelling, and to keep in repair and proper working order certain installations, such as the water supply. Tenants can take legal action against their landlord for breaches of this statutory duty. Where damp is caused by a leaking roof, defective guttering, failed damp proofing or a broken installation, this duty applies directly.
Homes (Fitness for Human Habitation) Act 2018. This amended the 1985 Act and applies to almost all tenancies. It applies to both private and social rented housing, and requires all landlords to ensure that their rental properties, including common areas, are fit for human habitation at the beginning of the tenancy and throughout. Damp is explicitly part of the fitness test. When determining whether a home is unfit for human habitation, regard must be had to its condition in respect of freedom from damp and any hazards as defined by the Housing Health and Safety Rating System. Crucially, this route bypasses the council entirely. Tenants can take their own action under the Landlord and Tenant Act 1985, taking their landlords to court, and the court can order that works are carried out and that redress is paid to tenants.
Housing Health and Safety Rating System (HHSRS). Introduced in the Housing Act 2004, this is the criteria by which an environmental health officer assesses a property for potential hazards that may harm the tenant, setting out 29 different hazards including excess cold, falls, and damp and mould growth. Private tenants can request an inspection by a local authority environmental health officer, and where a serious category 1 hazard is identified, the officer is required to take enforcement action, typically by serving an improvement notice. This is a meaningful backstop for tenants whose landlord ignores repeated reports, and it means local authorities retain real teeth even where a landlord tries to argue the issue is minor.
Environmental Protection Act 1990. Where conditions are bad enough, damp and mould can also be treated as a statutory nuisance. Under this Act, where damp and mould is prejudicial to health it might amount to a statutory nuisance, and where one is identified the environmental health officer must serve an abatement notice requiring it to be addressed. Failure to comply with an abatement notice is a criminal matter for the landlord, not merely a civil dispute.
Awaab's Law. Named after a two-year-old boy who died from prolonged exposure to mould in a housing association flat, this legislation currently applies to social housing but is being watched closely by the private sector. From 27 October 2025, social landlords have had to address all emergency hazards and all damp and mould hazards that present a significant risk of harm to tenants, within fixed timeframes. If a landlord cannot resolve a hazard within 5 working days, it must offer suitable alternative accommodation to the tenant and their household. The direction of travel for private landlords is clear even though the detail is not yet fixed. The government intends to apply Awaab's Law to the private rented sector and has said it intends to consult on the details of this policy, including implementation timescales, in due course. Landlords in Kent's private rented sector should treat this as a strong signal to raise their own standards now, rather than waiting for the rule to become mandatory.
Where the dividing line actually falls
In practice, most disputes come down to identifying the type of damp involved.
Rising damp occurs when ground moisture travels up through masonry. Rising damp happens when moisture travels up from the ground through the masonry to the height of about one metre, is more common in older properties, and generally affects the lower part of the ground floor. This is a structural defect that a tenant cannot cause or prevent, and responsibility sits squarely with the landlord.
Penetrating damp is caused by water getting in from outside, through a defective roof, cracked render, faulty pointing or leaking pipework. This too is a repair issue and falls to the landlord under section 11.
Condensation damp is the greyest area. It generally happens when a property can't deal with normal levels of water vapour because of a lack of insulation, ventilation or heating, and the excess moisture settles on cold surfaces; most people create at least four pints of moisture per day just by breathing, cooking, bathing, washing and drying clothes. Government guidance is now unambiguous that this cannot simply be blamed on the tenant. It is a landlord's responsibility to deal with damp and mould if it is caused by disrepair or poses a risk to health and safety, and while condensation is often caused by moisture in the air from normal activities such as bathing or boiling kettles, that alone does not remove the landlord's duty where the building cannot cope. The practical test environmental health officers and courts apply is whether the property has adequate insulation, ventilation and heating to deal with the moisture that ordinary occupation generates. If it does not, the fault lies with the building, not the household.
What landlords should do
First, treat every report seriously and investigate rather than assume. Do not attribute mould to lifestyle without inspecting the property, because it is the responsibility of landlords to identify and address the underlying causes of the problem, such as structural issues or inadequate ventilation, and tenants should not be blamed. Second, look beyond the visible mould to the root cause. Check insulation, heating capacity, extractor fans and any obvious sources of water ingress such as roofs, gutters and window seals. Third, act quickly and keep records of the investigation, findings and any works carried out, both to protect tenants and to protect yourself if a dispute later reaches court or the local authority. Fourth, ensure ventilation provision is fit for purpose: make sure the property is well insulated and can be well ventilated, with trickle vents in double-glazed windows and efficient extractor fans in areas where a lot of moisture and steam are produced, such as the kitchen or bathroom. Fifth, provide clear written guidance to tenants on how to operate heating and ventilation systems, since many condensation complaints stem from tenants not knowing how to use timers, thermostats or extractor fans correctly.
What tenants should do
Report problems promptly and in writing, even if you have already mentioned them verbally. If you spot mould or damp, report it to your landlord in writing straight away, keep records of all correspondence and take photos of the affected areas, and if your landlord does not act you may be able to contact your local council for help. Keep dated photographs showing how the problem develops over time, as this is far stronger evidence than a single snapshot. Follow reasonable heating and ventilation advice where it is provided, since this genuinely reduces condensation risk: opening windows for at least 10 to 15 minutes each day, even in winter, helps moist air escape and replaces it with drier air through cross-ventilation. Avoid drying laundry on radiators or blocking air vents and grilles, and use extractor fans when cooking or bathing. If the landlord fails to act, escalation options exist. Tenants can ask their council for an environmental health inspection if the problem is serious, and the council can order the landlord to fix damp and mould. Do not withhold rent as a form of protest. Withholding rent is risky and may lead to rent arrears and possession proceedings, so tenants should continue paying unless a qualified adviser has given specific advice.
A shared responsibility, not a blame game
The clearest guidance to emerge from recent policy is that damp and mould should never be treated as a simple matter of fault-finding. Because mould stems from condensation and damp issues, if landlords and tenants take all reasonable steps to prevent those occurring in the first place, mould forming in the property can often be avoided altogether. For landlords, that means investing in adequate insulation, heating and ventilation, and responding fast and thoroughly when problems are reported. For tenants, it means using the property sensibly and reporting issues early rather than letting them develop unseen. For agents, it means holding both sides to this standard consistently, documenting every step, and treating every damp or mould report as a potential health and safety issue rather than routine maintenance. Handled this way, most cases can be resolved quickly, protecting both the tenant's health and the landlord's asset and legal position.