Damp and mould in rented homes: who fixes it?

General information for England as at October 2026, not legal advice. Rules differ in Wales, Scotland and Northern Ireland; check gov.uk, Citizens Advice, Shelter or a qualified adviser for your situation.

Landlords in England must keep a rented home fit to live in and fix the causes of damp, such as leaks, faulty gutters or broken extractor fans, within a reasonable time of being told. Awaab’s Law, which sets fixed deadlines for investigating and fixing damp and mould, applies to social housing from October 2025; for private rentals it is still planned, with a government consultation open until 18 December 2026. Dated photos from inspections help both sides show when a problem started and what caused it.

Is damp and mould the landlord’s responsibility?

Often, but not always. It depends on the cause.

• Penetrating damp (water getting in through roofs, walls, windows or gutters) and rising damp (a failed damp-proof course) are almost always the landlord’s to fix, because they are repairs to the structure and exterior.
• Leaks from pipes, tanks or the boiler are the landlord’s to repair.
• Condensation is caused by moisture inside the home. Tenants are expected to heat and ventilate reasonably (opening windows, using extractor fans, not drying all washing on radiators). But condensation is often made worse by things the landlord controls, such as poor insulation, no working extractor fan, single glazing or heating that is too expensive to run. If the home can’t reasonably be kept free of mould, the landlord is expected to act.

What the law says now (private rentals in England)

• Repairs: under section 11 of the Landlord and Tenant Act 1985 you must keep the structure, exterior, water, heating and sanitation in repair, once you know about a problem.
• Fitness for human habitation: the Homes (Fitness for Human Habitation) Act 2018 lets tenants take you to court if the home is unfit, and damp is one of the listed factors.
• Housing Health and Safety Rating System (HHSRS): councils assess “damp and mould growth” as a hazard and can serve improvement notices or fine you if it is serious.
• Renters’ Rights Act: since 1 May 2026, a landlord can no longer end a tenancy with a section 21 notice after a tenant complains, which removes the fear of “revenge eviction” for reporting damp. See our Renters’ Rights Act guide.

A Decent Homes Standard for private rentals is also planned, to be met by 2035.

Does Awaab’s Law apply to private landlords?

Not yet. Awaab’s Law is named after Awaab Ishak, a two-year-old who died in 2020 from a lung condition caused by mould in his family’s social housing flat. In the social sector it has applied since 27 October 2025, starting with damp and mould and emergency hazards: emergencies must be made safe within 24 hours, and significant damp and mould must be investigated within 10 working days, with a written summary to the tenant and safety work to follow within set times.

The Renters’ Rights Act gives the government the power to extend it to private tenancies. A consultation on how and when to do that opened on 9 October 2026 and closes on 18 December 2026. No start date has been set, so treat the private-sector timescales as planned, not law. Even so, responding quickly to damp reports is good practice and helps if the matter ever reaches a council or court.

What should a landlord do when a tenant reports mould?

1. Reply in writing straight away and arrange to look, giving at least 24 hours’ written notice for a visit.
2. Inspect and find the cause: look for leaks, stains spreading from outside walls, blocked gutters, missing air bricks, broken extractor fans and trickle vents taped shut.
3. Photograph everything, with the date and time, including wide shots and close-ups of each patch.
4. Fix the cause, not just the stain: repair the leak, fit or fix extraction, improve insulation or heating.
5. Treat and redecorate once the cause is fixed, using a mould-killing wash and anti-mould paint.
6. Give advice in writing on ventilation and heating, without blaming the tenant.
7. Go back and check a few weeks later, and photograph it again.

How inspections and dated photos help

Damp disputes usually come down to two questions: when did it start, and what caused it. A good record answers both.

• The check-in: photos of every wall, ceiling, window and bathroom at the start show whether there was any mould or staining before the tenancy. See how to photograph a rental property.
• Mid-tenancy inspections: every few months, check window frames, behind furniture, wardrobes on outside walls, bathroom ceilings and silicone seals. Our mid-tenancy inspection checklist lists what to look at, and the bathroom checklist covers the room where mould starts most often.
• The check-out: comparing each item with the check-in helps separate mould the tenant caused through neglect from damp the landlord should have fixed. See fair wear and tear vs damage.

With DIY Inventory, the date and time are burned into every photo, each item records its condition, marks and cleanliness, and an inspection can start from the earlier report so you see what changed with photos side by side. Tenants can use it too, to show a problem they have reported.

Can a landlord charge a tenant for mould?

Only if the evidence shows the tenant caused it, for example by blocking vents, switching off a working extractor fan or never ventilating, and the landlord had fixed any building faults. If the cause is a leak, rising damp or poor insulation, a deduction is unlikely to be fair. A deposit scheme adjudicator will look at the check-in, any inspection reports and what was reported when. See tenancy deposit deductions.

Wales, Scotland and Northern Ireland

• Wales: under the Renting Homes (Wales) Act, landlords must keep the home fit for human habitation, and damp is one of the matters considered.
• Scotland: since 6 October 2026 private landlords must have damp and mould investigated by a competent person within 10 working days of becoming aware of it, give the tenant a written summary within 3 working days, and start repairs within 5 working days where needed.
• Northern Ireland: landlords have repairing duties under the Private Tenancies Order, and councils can act on unfit homes.

Questions

Updated 27 October 2026