For renters

What can I do about damp and mould in my rented home in England?

Guide · about 14 min read · Covers the law in England as at October 2026 · Reviewed on 24 October 2026

If your rented home in England has damp or mould, report it to your landlord in writing, keep dated photos, and keep paying your rent. In most private tenancies the law usually makes the landlord responsible for the problem: the Landlord and Tenant Act 1985 requires them to keep the structure and key installations in repair and to keep the home fit for human habitation, and damp and mould growth is a prescribed hazard. If nothing is done, your local council can inspect the home, and if it finds a category 1 hazard it must take enforcement action. The fixed repair timescales known as Awaab's Law apply to social housing, not to private renters.

This guide covers England only. It is general information, not legal advice, and every case turns on its own facts. The legal points link to the provision or official guidance they come from, so you can read them at source.

Who is responsible for damp and mould in a rented home?

In most cases, the landlord. Two separate duties in the Landlord and Tenant Act 1985 do the work, and either can apply to damp.

The first is the repairing duty. Section 11(1) implies a covenant by the landlord to keep in repair the structure and exterior of the home, including drains, gutters and external pipes. The same section covers keeping the installations for water, gas, electricity, sanitation, space heating and heating water in repair and proper working order. It applies to most private tenancies in England. A leaking gutter, a cracked render or a broken heating system that lets damp in falls under this duty.

The second is the fitness duty. Section 9A(1) implies a covenant that the home is fit for human habitation when the tenancy starts and remains fit during it. Section 10 lists what is looked at, and that list includes "freedom from damp", ventilation and, for a home in England, any prescribed hazard. The first hazard listed in Schedule 1 to the Housing Health and Safety Rating System (England) Regulations 2005 is "Damp and mould growth", described as exposure to house dust mites, damp, mould or fungal growths. Under section 10, a home is unfit only if it is so far defective that it is not reasonably suitable for occupation in that condition.

The practical point is that nothing has to be broken. A flat with poor ventilation and spreading mould can engage the fitness duty even if every gutter is sound.

What is going on	Which duty is most likely relevant	Where it comes from
Water coming in through a roof, wall, window frame or gutter	Repair of the structure and exterior	Landlord and Tenant Act 1985, section 11(1)(a)
A leaking pipe, failed boiler or broken heating	Repair of the installations	Landlord and Tenant Act 1985, section 11(1)(b) and (c)
Mould from condensation in a poorly ventilated or cold home, with nothing broken	Fitness for human habitation	Landlord and Tenant Act 1985, sections 9A and 10
A serious hazard the council assesses	Council enforcement	Housing Act 2004, Part 1

Our guide to landlord repair responsibilities in England sets out both duties in more depth, including who they do not cover.

Is damp and mould in a rented home a health risk?

Government guidance treats it as one. The guidance on damp and mould and the health risks for rented housing providers, published by the Ministry of Housing, Communities and Local Government, the Department of Health and Social Care and the UK Health Security Agency, says damp and mould primarily affect the airways and lungs, and can also affect the eyes and skin. It says everyone is vulnerable to the health impacts, but people with certain health conditions, children and older adults are at greater risk of more severe impacts. It also says landlords should take reports seriously and assess them with urgency. This guide does not give medical advice. Questions about symptoms are for a GP or NHS 111.

How do I report damp and mould to my landlord?

Tell your landlord, or the letting agent if one manages the home, as soon as you notice it. GOV.UK says to contact your landlord if your home needs repairs or has mould, and to do it straight away for faults that could damage health. The same page says your landlord should tell you when you can expect the repairs to be done.

What follows is practice rather than law. Report it in writing, by email or through the agent's portal, so there is a dated record. Keep a copy. Keep it factual and polite, and include:

where the damp or mould is, and roughly how big the area is;
when you first noticed it, and whether it is getting worse;
anything you think may be causing it, such as a leak, a cold wall or an extractor fan that does not work;
if you are comfortable saying so, that someone in the home is in a group the guidance treats as at greater risk, such as a young child; you do not need to give medical detail, and another person's health is theirs to share;
a request for a date when someone can inspect.

A short message is enough. For example: "I am writing to report black mould on the outside wall of the main bedroom, about the size of a dinner plate, which I first noticed on 3 October and which has grown since. The window frame above it is wet most mornings. Could you let me know when someone can inspect? Photos are attached." If there is no reply, follow up in writing and note the date. If the landlord or someone they send needs to come in to look, our guide to whether a landlord can enter without permission covers the notice rules.

What evidence should I keep about damp and mould?

The government damp and mould guidance says it is advisable for tenants or the landlord to photograph the mould and, if possible, draw around it before it is removed, to preserve a record. A written trail does the rest. In practice, keep:

dated photos and short videos, with an everyday object in shot for scale, taken each time it changes;
copies of every report you send and every reply;
the dates of any visits, and who came;
a list of damaged belongings, with photos and receipts where you have them;
anything you receive from the council.

The same guidance says most tenants could reasonably be expected to remove condensation and very small amounts of mould with an appropriate mould and mildew cleaner, and that larger areas should only be addressed by qualified professionals. It also says that simply removing surface mould will not prevent it coming back, because the underlying cause still has to be dealt with. So if you do wipe away a small patch, photograph it first, and leave anything larger, or anything you are not comfortable dealing with, for the landlord to arrange. Records made at the time are also what matter if a deposit is later in dispute, which our guide to evidence for a tenancy deposit dispute covers.

What if my landlord says the mould is condensation and my fault?

Condensation is common, but that does not by itself make it your fault. The government guidance says condensation is the most common form of damp. It also says, in terms, that "it is totally unreasonable to blame damp and mould in the home on 'lifestyle choices'". The guidance says the fundamental cause will be building deficiencies, inadequate ventilation, inadequate heating or poor energy efficiency, not tenants' normal domestic activities such as cooking, bathing and drying laundry.

The law does have a limit, and it is fair to know it. Section 9A(2)(a) does not require a landlord to carry out works the tenant is liable for under the duty to use the home in a tenant-like manner. Section 9A(3)(a) removes the landlord's liability where the home is unfit wholly or mainly because of the tenant's own breach of covenant. Section 11(2)(a) has the same tenant-like manner limit for repairs.

So where the line falls depends on the facts. Sensible everyday steps help and are worth recording: using extractor fans, opening windows after showers and cooking, and keeping lids on pans. If the dispute is about the cause, an inspection by the council, or a report from an independent surveyor, looks at the building for the underlying cause.

Can the council help if my landlord does not fix damp and mould?

It can, and GOV.UK points you there. The GOV.UK repairs page says to contact the environmental health department at your local council if repairs are not done. The council's hazard powers come from Part 1 of the Housing Act 2004.

Inspection. Under section 4(1), if the council considers it appropriate for a home to be inspected to see whether a category 1 or 2 hazard exists, it must arrange an inspection.
Scoring. Section 2 sorts hazards by a score under a prescribed method. A category 1 hazard scores at or above a prescribed amount, and a category 2 hazard scores below it.
Category 1. Under section 5(1), if the council considers a category 1 hazard exists, it must take the appropriate enforcement action. The options include an improvement notice, a prohibition order, a hazard awareness notice and emergency remedial action.
Category 2. Under section 7, the council has powers to act, but not a duty.

An improvement notice under section 11 requires the person it is served on to take the remedial action it specifies. Under section 13, the notice must state the date the work is to start and the period within which it is to be completed, so a notice sets a deadline of its own. Whether a hazard exists, how it scores and what action follows are judgements for the council. Send the council your written reports and photos, because they show what the landlord was told and when.

Can I take my landlord to court over damp and mould?

Yes, as a last step and after advice. The repairing and fitness duties are implied terms of your tenancy, so a breach of them can be the basis of a claim. Section 9A(5) says that where a landlord is alleged to be in breach of the fitness covenant, the court may order specific performance of the obligation. The government's guide for tenants on the Homes (Fitness for Human Habitation) Act 2018 says the court can make the landlord carry out repairs or put right health and safety problems, and can make the landlord pay compensation to the tenant.

Whether a claim succeeds depends on the facts, and the court decides. Shelter and Citizens Advice give free guidance, and a housing solicitor can advise on a particular case.

Does Awaab's Law apply to private renters?

No, not at the moment. Awaab's Law is named after Awaab Ishak, a two-year-old who, according to the government guidance, died in December 2020 from a severe respiratory infection caused by prolonged exposure to damp and mould in his home.

The rules in force are the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025. They came into force on 27 October 2025 and apply to lessors of social homes in England. They separate emergencies from other serious hazards. Where the lessor has reasonable grounds to believe there is an emergency hazard, it must have the issue investigated, and complete any safety work the investigation identifies for an emergency hazard, as soon as reasonably practicable and within 24 hours of the point at which it has those grounds. Where a lessor becomes aware of something that is or may be a significant hazard, and there is no reason to believe it is an emergency, the standard investigation has to be completed within 10 working days, counted from the day after the lessor becomes aware of it, and safety work for a significant damp and mould hazard within 5 working days, counted from the day after the investigation is completed. Each of those periods is subject to exceptions set out in the regulations. They sit under section 10A of the Landlord and Tenant Act 1985, which today applies only to a relevant social housing lease.

Section 60 of the Renters' Rights Act 2025 would extend that regime to private tenancies. It is not in force for the purpose of imposing repair obligations on private landlords. Until it is, a private renter relies on sections 11 and 9A and on the council's Housing Act 2004 powers. Sections 11 and 9A set no general number of days. A deadline can still arise in an individual case, because an improvement notice must state the period for the work and a court order can set its own terms.

When responsibility starts depends on the situation. Under section 9A the home has to be fit when the tenancy begins, so a home that was already unfit on day one does not wait for a report. For a problem that develops during the tenancy, the government's guide for landlords on the 2018 Act says a landlord is considered responsible from when the tenant makes them aware of the hazard, and then has a reasonable amount of time to deal with it, depending on the circumstances. The same guide says that for a hazard in the common parts of a block of flats or a house in multiple occupation, the landlord's responsibility does not wait for the tenant to report it. Under section 9A(6), the duty reaches common parts in which the landlord has an estate or interest, and the hazard must still be serious enough to make the home unfit for human habitation. What a landlord already knows from an inspection or a contractor counts too, which is why a dated written report is worth making even if you think they already know.

Should I stop paying rent, and can I be evicted for complaining?

Keep paying. The GOV.UK repairs page says you should carry on paying rent while you are waiting for repairs. Unpaid rent becomes arrears, and rent arrears are among the grounds a landlord can rely on to seek possession.

On eviction, the rules changed on 1 May 2026. Section 2 of the Renters' Rights Act 2025 abolished assured shorthold tenancies, and with them the section 21 no-fault route, and the commencement regulations brought that in for private assured tenancies on that date. For an assured tenancy, which covers most private tenancies, a landlord who wants possession now has to rely on one of the grounds for possession, with the right notice, and if the tenant does not leave, a court decides. Lodgers and some other occupiers are outside that regime and different rules apply to them. Transitional rules also apply to some notices given before 1 May 2026. GOV.UK guidance on notices given before 1 May 2026 says, for example, that where a landlord asked the court to issue a claim on or before 31 July 2026, the case continues until the proceedings have concluded, and it sets out further exceptions, including one for some section 8 notices linked to a debt respite breathing space. If you have received a notice or a court claim, get advice on it. Our guide to when section 21 was abolished explains the grounds. Separately, section 9A(4) makes a term of a tenancy void to the extent that it imposes a penalty on the tenant for relying on the fitness covenant. If you are worried about how your landlord may respond, Shelter or Citizens Advice can help before you do anything about rent.

Does VEYLO X deal with damp and mould repairs?

No. VEYLO X is a software platform for renting and letting in England. On VEYLO X, the landlord writes the tenancy record, VEYLO X keeps it, and the renter sees the same record rather than a separate copy. VEYLO X does not carry out repairs, does not inspect homes, takes no view on whether a repair has been done, and takes no part in any dispute. The duties described above stay with the landlord, and the routes for enforcing them are through the council and the courts.

Common questions

The short answers, in one place.

Is my landlord responsible for mould in my rented flat?

Usually, yes. In most private tenancies in England the Landlord and Tenant Act 1985 makes the landlord keep the structure, exterior and heating and water installations in repair, and keep the home fit for human habitation. Freedom from damp and ventilation are among the things looked at for fitness, and damp and mould growth is a prescribed hazard. Each duty has its own exceptions. The repairing duty does not cover works the tenant is liable for under the duty to use the home in a tenant-like manner, and the fitness duty does not make the landlord liable where the home is unfit wholly or mainly because of the tenant's own breach of covenant. Which side of those lines a problem falls on depends on the facts.

How long does a private landlord have to fix damp and mould?

The law sets no general number of days for private landlords in England. For a problem that develops during the tenancy, the government's guide for landlords on the Homes (Fitness for Human Habitation) Act 2018 says a landlord is considered responsible from when the tenant makes them aware of a hazard, and then has a reasonable amount of time to deal with it, depending on the circumstances. A home must also be fit when the tenancy begins, and the same guide says that for a hazard in common parts the landlord's responsibility does not wait for the tenant to report it, although the duty covers only common parts in which the landlord has an estate or interest, and the home must still be unfit. In an individual case, an improvement notice from the council must state a period for the work, and a court order can set its own terms. The fixed timescales known as Awaab's Law apply to social housing only.

Can I withhold rent if the mould is not fixed?

GOV.UK says you should carry on paying rent while you are waiting for repairs. Unpaid rent becomes arrears, and rent arrears are among the grounds a landlord can rely on to seek possession. Get advice from Shelter or Citizens Advice before changing anything about how you pay.

Does Awaab's Law apply to private renters?

No, not at the moment. The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 apply to lessors of social homes. Section 60 of the Renters' Rights Act 2025 would extend the hazards regime to private tenancies, but it is not in force for the purpose of imposing repair obligations on private landlords. Private renters rely on sections 11 and 9A of the Landlord and Tenant Act 1985 and on the council's powers under the Housing Act 2004.

Sources

The primary sources behind this guide. Where the law and a summary disagree, the law is what counts.

This article is general information, not legal advice and not medical advice. It covers England only and reflects the position as at October 2026. Section 60 of the Renters' Rights Act 2025 is not in force for the purpose of imposing repair obligations on private landlords, and that can change when further regulations are made. For the current rules, see the GOV.UK private renting repairs page, and consider free advice from Shelter or Citizens Advice for your own situation.

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