Damp and black mould in a rented home are more than an eyesore — they can damage your belongings and seriously affect your health. If your landlord won’t deal with it, you have rights. This guide explains landlords’ responsibilities for damp and mould in England.
Is My Landlord Responsible for Damp and Mould?
In most cases, yes. Under Section 11 of the Landlord and Tenant Act 1985, landlords must keep the structure and exterior of your home in repair. The Homes (Fitness for Human Habitation) Act 2018 goes further, requiring rented homes to be fit to live in — and serious damp and mould can make a home unfit. Where damp is caused by a defect the landlord should fix (such as a leak, faulty guttering or poor ventilation), it’s their responsibility, not yours.
Awaab’s Law
Awaab’s Law, introduced after the tragic death of two-year-old Awaab Ishak from prolonged exposure to mould, requires social landlords to investigate and fix dangerous hazards like damp and mould within strict timescales. It’s a powerful reminder that landlords cannot ignore these problems.
The Health Risks Are Real
Damp and mould can trigger or worsen asthma, respiratory infections and allergies, and are especially dangerous for children, older people and anyone with a weakened immune system. That’s why the law treats them so seriously.
What to Do if Your Landlord Won’t Act
- Report it in writing and keep a copy.
- Take photos and videos of the damp, mould and any damaged belongings.
- Keep records of any related health problems and GP visits.
- Give the landlord reasonable time to fix it.
- Seek legal advice if nothing is done — you may be able to make a housing disrepair claim for compensation and an order forcing the repairs.
Frequently Asked Questions
Can I claim compensation for damp and mould?
Yes — if you reported the problem, your landlord failed to fix it in reasonable time, and it affected your health, belongings or use of your home, you may be entitled to compensation.
What if the damp is from condensation?
It depends. If condensation is caused by a defect the landlord should address — such as inadequate ventilation or insulation — it can still be their responsibility.
Does this apply to council and housing association tenants?
Yes. The same legal duties apply to social landlords, and Awaab’s Law specifically strengthens protections for social housing tenants.
Is a housing disrepair claim No Win No Fee?
Yes — Din Solicitors handles housing disrepair claims on a No Win, No Fee basis, with nothing to pay upfront and nothing to pay if your claim is unsuccessful.
Get Your Home Fixed
You have the right to a safe, healthy home. If your landlord won’t deal with damp and mould, Din Solicitors can help tenants across England & Wales claim on a No Win, No Fee basis. Explore our tenant housing services, start your claim today, or call 01422 647175.