Quick answer: If your landlord hasn't fixed damp or mould, tenants in England are protected by the Homes (Fitness for Human Habitation) Act 2018 — and social housing tenants by Awaab's Law, which requires investigation within 14 days and emergency repairs within 7 days. In Wales, the Renting Homes (Wales) Act 2016 applies to all rented accommodation. Your first step is always to report the issue in writing; if there's no response, environmental health at your local council can inspect and require action under HHSRS.
If you've reported damp or mould to your landlord and nothing has happened — or they've told you it's your fault, dismissed it as a minor issue, or carried out a temporary fix that hasn't worked — this guide explains what you're legally entitled to and what you can do to enforce it.
The law around damp and mould in rented homes has changed significantly in recent years. Tenants in England and Wales now have stronger rights than at any previous point, and landlords — particularly social housing providers — face serious consequences for failing to act.
What your landlord is legally required to do
In England — all rented properties: under the Homes (Fitness for Human Habitation) Act 2018, all rented properties in England must be fit for human habitation at the start of the tenancy and maintained in that condition throughout. Damp and mould that affects the habitability of the property is a breach of this obligation. You can take your landlord to court for breach of this duty — and legal aid may be available for housing cases.
In England — social housing: Awaab's Law, in force from October 2025, requires social landlords to investigate a report of damp or mould within 14 days. Where the mould presents a risk to health, emergency repairs must begin within 24 hours and be completed within 7 days.
In Wales — all rented properties: the Renting Homes (Wales) Act 2016 applies to all rented accommodation in Wales. It creates a continuous fitness for human habitation standard throughout the tenancy and gives tenants a right to take court action when landlords fail to maintain habitable conditions.
Private landlords in England and Wales are also bound by the repairing obligations in the Landlord and Tenant Act 1985, which require them to maintain the structure and exterior of the property. Where damp is caused by a structural failure — defective pointing, a failed roof, a blocked gutter — the landlord is responsible for repairing it.
What landlords cannot do
Landlords cannot legally:
- Blame condensation mould entirely on “tenant lifestyle” if the property has inadequate ventilation, poor insulation or is poorly heated
- Carry out a cosmetic fix — painting over mould, applying a surface bleach spray — and declare the issue resolved if the mould returns
- Evict you in retaliation for complaining about damp or mould (retaliatory eviction protection applies under the Deregulation Act 2015 in England and equivalent Welsh provisions)
- Ignore a written report of damp or mould without response
What you can do now
Step 1 — Report it in writing. Email or write to your landlord or housing association. Include photographs, the date the problem was first noticed, and details of any previous reports. Keep copies of everything.
Step 2 — Follow up in writing if there's no response. If your landlord hasn't responded within a reasonable time — 14 days is the Awaab's Law standard for social housing — send a written follow-up referencing your previous report.
Step 3 — Contact your local council's environmental health department. Environmental health officers have powers to inspect rented properties under the Housing Health and Safety Rating System (HHSRS) and can issue improvement notices requiring landlords to carry out works. This is free, does not require a solicitor, and is one of the most effective routes available to tenants.
Step 4 — For social housing: complain to the Housing Ombudsman. If your social landlord is not meeting their obligations — including under Awaab's Law — you can complain to the Housing Ombudsman after going through your landlord's own complaints process. The Ombudsman can require the landlord to carry out works and award compensation.
Step 5 — Legal action. You can take your landlord to the county court for breach of the Homes (Fitness for Human Habitation) Act 2018. Citizens Advice can help you understand the process. Shelter provides free housing advice and can help with legal action in serious cases.
Is it ever the tenant's fault?
Landlords frequently claim that condensation mould is caused by “tenant lifestyle”. This can be a factor, but it is not the whole picture. A property with inadequate ventilation, single-glazed windows, uninsulated walls and an insufficient heating system will generate condensation mould regardless of how careful the occupants are. Landlords have a responsibility to provide a property that's structurally adequate.
When to get outside help
- Shelter — free housing advice and support for tenants with damp and disrepair issues
- Citizens Advice — free advice on housing rights, complaints processes and legal options
- Your local council environmental health team — HHSRS inspections and enforcement against landlords
- The Housing Ombudsman — for complaints against social housing providers
- Your GP — if health symptoms may be connected to damp or mould, document this in your medical records
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