Damp and mould are among the most common, and most harmful, issues affecting rented properties across the UK. According to the English Housing Survey, approximately 4% of social rented homes and 3% of private rented homes have serious damp problems, affecting hundreds of thousands of tenants. Following the tragic death of two-year-old Awaab Ishak in Rochdale in 2020 from prolonged exposure to mould, the issue has rightly received unprecedented public and political attention.

If you are living with damp or mould in your rented home, you have clear legal rights. This article explains what causes these problems, what your landlord must do about them, and how you can take action.

What Causes Damp and Mould in Rented Properties?

Understanding the cause of damp is important because it determines who is responsible for fixing it. There are three main types:

Penetrating Damp

This occurs when water enters the property from outside due to structural defects. Common causes include:

Damaged or missing roof tiles
Cracked or deteriorating pointing between bricks
Failed window seals or flashing
Blocked or broken gutters and downpipes

Penetrating damp is almost always the landlord's responsibility, as it results from failures in the building's structure or exterior.

Rising Damp

Rising damp happens when moisture from the ground is drawn up through the walls by capillary action. It typically occurs when a damp-proof course (DPC) is absent, damaged, or bridged. Signs include a tide mark on lower walls, peeling wallpaper near the floor, and salt deposits on brickwork.

This is a structural issue and falls squarely within the landlord's repair obligations.

Condensation

Condensation forms when warm, moist air meets cold surfaces. It is the most common cause of mould in UK homes and often appears on windows, external walls, and in corners with poor air circulation. Landlords frequently blame condensation on tenants' "lifestyle choices" such as drying clothes indoors or not ventilating enough.

However, condensation is very often caused or worsened by structural factors that are the landlord's responsibility:

Inadequate insulation causing cold walls and surfaces
Poor or absent ventilation (missing extractor fans, sealed trickle vents)
Inefficient or broken heating systems that cannot maintain adequate temperatures
Single-glazed or poorly fitted windows

If your property's design or condition makes condensation unavoidable regardless of how you live, the landlord is responsible for addressing the underlying causes.

Health Risks of Damp and Mould

The health consequences of living with damp and mould are well documented and serious:

Respiratory problems – mould spores trigger asthma attacks, cause wheezing, coughing, and shortness of breath
Allergic reactions – sneezing, runny nose, skin rashes, and eye irritation
Weakened immune system – prolonged mould exposure can compromise immune function, particularly in children and elderly people
Mental health effects – living in damp, mouldy conditions contributes to anxiety, depression, and chronic stress
Serious infections – in severe cases, certain mould species can cause lung infections, particularly in people with pre-existing conditions

Children, elderly residents, and people with pre-existing respiratory or immune conditions are most at risk. The World Health Organisation has stated clearly that damp and mould present a significant health hazard and should be addressed promptly.

Your Landlord's Obligations

UK law is clear about landlord responsibilities regarding damp and mould:

Landlord and Tenant Act 1985 (Section 11)

Landlords must maintain the structure and exterior of the property, as well as installations for heating, water, and sanitation. This covers the root causes of most damp problems.

Homes (Fitness for Human Habitation) Act 2018

Properties must be fit for human habitation throughout the tenancy. Damp and mould that affect health or make the property unsuitable for living are direct violations of this requirement.

Awaab's Law (Social Housing)

Following the Awaab Ishak case, the government introduced "Awaab's Law" through the Social Housing (Regulation) Act 2023. This requires social landlords to investigate reported health hazards (including damp and mould) within 14 days, begin repairs within a further 7 days, and complete emergency repairs within 24 hours. While this currently applies to social housing, it has raised expectations across the entire rental sector.

Steps to Take If You Have Damp and Mould

Document everything – take photographs of all affected areas with dates. Record the extent of the mould, any water staining, peeling wallpaper, and damaged belongings.
Report to your landlord in writing – email or letter, keeping a copy for your records. Describe the problem, where it is, when it started, and any health effects you have experienced.
Request a specific response timeframe – ask for a written response within 14 days and inspection within 21 days.
Visit your GP – if you or your family are experiencing health issues, see your doctor and ask them to note in your medical records that the symptoms may be related to housing conditions.
Contact Environmental Health – if your landlord does not respond, report the issue to your local council's Environmental Health department. They have the power to inspect the property and serve enforcement notices.
Seek legal advice – if the problem persists, consider making a formal housing disrepair claim for compensation and a court order requiring repairs.

What Compensation Can You Receive?

If your landlord has failed to address damp and mould after being notified, you may be entitled to:

General damages for the inconvenience and discomfort of living in the conditions
Special damages for specific financial losses (damaged clothing, furniture, redecorating costs)
Personal injury damages if your health has been affected (supported by medical evidence)
A court order compelling the landlord to carry out proper remedial works

Compensation amounts depend on the severity, duration, and impact of the damp. Claims involving significant mould affecting multiple rooms over extended periods regularly result in awards of £2,000 to £10,000 or more.

Protecting Yourself in the Meantime

While you wait for repairs, you can take steps to reduce the impact of mould:

Open windows regularly to improve ventilation (when safe and practical to do so)
Use extractor fans when cooking and bathing
Wipe down surfaces where condensation collects
Keep furniture slightly away from external walls to allow air circulation
Avoid drying clothes on radiators if possible

These steps can help manage symptoms but will not resolve the underlying problem. Only proper structural repairs, insulation, ventilation, and heating improvements will permanently fix damp and mould issues.

Take Action Today

You should not have to live with damp and mould. Your health, and your family's health, depends on a safe, dry home. If your landlord has ignored your reports or blamed you for a problem caused by the property's condition, you have legal options.

NAASS connects tenants across the UK with specialist housing disrepair solicitors who handle claims on a no-win, no-fee basis. There is no financial risk to you.

Start your free assessment now and find out what you could be entitled to.

Damp and Mould in Rented Properties: What Tenants Should Know