Landlord responsibility for damp and mould

What the law says right now

Several pieces of legislation already require landlords to deal with damp and mould, even before Awaab's Law comes into force. The key ones are:

• Landlord and Tenant Act 1985, Section 11 — landlords must keep the structure and exterior of the property in repair. This covers the roof, walls, windows, gutters, drains, and pipework. If damp is caused by a leaking roof, failed pointing, blocked guttering or a broken window frame, the landlord is responsible.
• Homes (Fitness for Human Habitation) Act 2018 — landlords must ensure the property is fit to live in throughout the tenancy. Serious damp and mould can make a property unfit, particularly if it affects the tenant's health. This Act applies to most tenancies started or renewed after March 2019, and to all periodic tenancies from March 2020.
• Housing Health and Safety Rating System (HHSRS) — councils use this to assess hazards in rented homes. Damp and mould growth is a Category 1 hazard under the HHSRS if it poses a serious risk to health.
• Defective Premises Act 1972 — landlords have a duty of care to anyone who might be affected by defects in the property, including tenants and visitors.

In practice, this means your landlord cannot ignore damp and mould that comes from a building defect. A leaking gutter that causes a damp patch on the bedroom wall is the landlord's problem, not yours.

Awaab's Law: what it is and the 2025-26 timeline

Awaab's Law is the most significant change to damp and mould regulation in decades. It is named after Awaab Ishak, a two-year-old boy who died in December 2020 from a respiratory condition caused by prolonged exposure to black mould in his family's social housing flat in Rochdale. The coroner ruled that the housing association had failed to act on repeated complaints about damp and mould.

The law was passed as part of the Social Housing (Regulation) Act 2023. It will require social housing landlords (councils and housing associations) to:

• Investigate reported damp and mould hazards within a fixed number of days
• Complete remedial works within a statutory timeframe
• Provide alternative accommodation if the hazard cannot be fixed quickly
• Keep tenants informed at every stage of the process

The government consulted on the specific time limits in early 2024. The law is expected to come into force during 2025-26, with regulations setting out exactly how many days landlords have to respond. Once in force, social housing tenants will have a clear, enforceable right to have damp and mould dealt with quickly.

For private tenants, Awaab's Law does not apply directly. However, the government has indicated it may extend similar requirements to the private rented sector after the social housing regulations are in place. In the meantime, private tenants already have protection under the laws listed above.

When damp is the landlord's responsibility

Landlords are responsible for fixing damp when it is caused by a problem with the building itself. Common examples include:

• Leaking roof, gutters or downpipes letting water into walls
• Cracked or missing pointing on external brickwork
• Failed damp-proof course allowing rising damp
• Broken or poorly sealed window frames letting in rain
• Leaking plumbing or heating pipes inside walls or floors
• Inadequate ventilation such as a broken or missing extractor fan that was fitted when you moved in
• Missing or damaged insulation causing cold spots that attract condensation

If any of these apply, report the problem to your landlord in writing straight away. Take photos and note the date you first noticed it. The law considers damp caused by structural defects to be the landlord's responsibility, and they must repair it within a reasonable time.

When damp might be your responsibility as a tenant

Not every case of damp or mould is the landlord's fault. Condensation damp is the most common type in UK homes, and it is often caused by everyday activities: cooking, showering, drying clothes indoors, and breathing. If condensation is not managed, it leads to mould on walls, ceilings and window frames.

As a tenant, you are expected to:

• Use extractor fans in the kitchen and bathroom whenever cooking or showering
• Open windows for 10 to 15 minutes each day to let fresh air through
• Dry clothes outside or use a vented tumble dryer rather than drying on radiators
• Keep furniture slightly away from external walls to allow air circulation
• Wipe condensation off windows and window sills when it appears
• Maintain a consistent low level of heating in cold weather to keep walls warm enough to avoid condensation

However, even when lifestyle factors contribute, the property should be able to cope with normal domestic moisture. If you are doing the above and mould is still growing, the root cause is likely a building defect, and the landlord remains responsible. The test is reasonable use: a home that cannot handle everyday activities like cooking and showering is not fit for habitation.

Step-by-step: what to do if your landlord will not act

1. Report it in writing. Email or letter, not just a phone call. Describe the problem, include photos, and keep a copy. Ask for a response within 14 days.
2. Keep a log. Record dates of all contact, what was said, and any worsening of the damp. Photograph the damp at regular intervals to show it is not improving.
3. Chase formally. If you do not get a reply, send a follow-up stating that you will contact the council if the problem is not addressed.
4. Contact the council. Call your local council's environmental health department and ask for a HHSRS inspection. They will assess whether the damp is a Category 1 hazard and can require the landlord to fix it within a set period. This service is free.
5. Escalate to the Housing Ombudsman. Social housing tenants can complain to the Housing Ombudsman if the landlord fails to act after a formal complaint. The Ombudsman can order the landlord to take action and pay compensation.
6. Get legal advice. If the council process does not resolve it, speak to Citizens Advice or a housing solicitor. You may be able to claim compensation for disrepair, but never stop paying rent without taking legal advice first.

Frequently asked questions

How long does a landlord have to fix damp?

There is no fixed number of days in law for private tenancies, but the repair must be completed within a "reasonable time." What is reasonable depends on the severity: a leaking roof in winter is urgent and should be fixed within days; a minor damp patch might allow a few weeks. Once Awaab's Law is in force for social housing, specific time limits will apply, likely measured in days rather than weeks.

Can I withhold rent if my landlord refuses to fix damp?

No. Withholding rent puts you at risk of eviction for rent arrears, regardless of the landlord's failure to repair. Keep paying rent and use the formal complaints and council enforcement routes instead. If you want to claim compensation for the period the property was in disrepair, get legal advice on making a separate claim.

Does Awaab's Law apply to private tenants?

Not yet. Awaab's Law applies to social housing only when it comes into force. The government has said it may extend similar rules to private rentals, but there is no confirmed timeline. Private tenants already have protection under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.

What evidence do I need to prove damp to the council?

Take dated photos of the damp from multiple angles, including wide shots showing which wall or ceiling is affected. Keep a log of when the damp appears or worsens (after rain, after showering, etc.). Note any health symptoms you or your family have experienced. A digital hygrometer reading showing persistently high humidity (above 65%) is also useful evidence.

Can I be evicted for complaining about damp?

No. A "retaliatory eviction" or section 21 notice served because you complained about disrepair is unlawful if you have followed the correct process: reported the problem in writing, given the landlord reasonable time to respond, and then complained to the council, which has served a repair notice. If you are served a section 21 notice after making a repair complaint, get legal advice immediately.

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