By law, mould in rental properties is an issue both landlords and tenants must take seriously. Landlords are generally responsible when mould is caused by disrepair, structural faults, or inadequate heating and ventilation. Tenants may share responsibility if everyday habits, such as failing to ventilate or delaying reports, directly contribute to condensation.
The Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018 outline clear duties for landlords. They must keep rented homes safe, as stated by the UK Government. To be clear, the Government has acknowledged that damp and mould can harm health. This prompted new national guidance for landlords on how to prevent and respond to these issues.
This guide explains who carries legal responsibility, how the law applies in practice, and what steps both parties can take if mould is not addressed.
Mould growth in rental homes is not only damaging to the structure but also harmful to health. Mould is seen as a potential Category 1 hazard under the Housing Health and Safety Rating System (HHSRS) from the Housing Act 2004.
The NHS warns that damp and mould can increase the risk of asthma attacks, respiratory infections, and skin irritation. This is especially true for children, the elderly, and individuals with weakened immune systems.
Because of these risks, landlords must act quickly if damp and mould make a property unsafe to live in. In the social housing sector, Awaab’s Law came into force in November 2024. Social landlords are legally required to look into damp and mould complaints within 14 days. They must also begin repairs within 7 days after that.
Landlords must ensure that their properties are safe and fit for human habitation. Landlords must keep the structure and outside of the property in good repair, as stated in Section 11 of the Landlord and Tenant Act 1985. This includes fixing issues like leaking roofs, faulty heating systems, and poor ventilation, all of which can contribute to mould.
Key landlord responsibilities:
The English Housing Survey 2023 indicates that roughly 4% of homes in England have damp issues. This impacts more than 900,000 households. The Homes (Fitness for Human Habitation) Act 2018 enhances these responsibilities. It allows tenants to take legal action if mould makes their home unsafe. Awaab’s Law also requires social housing landlords to look into mould complaints within 14 days. They must complete repairs within 7 days.
Our team helps landlords in Dorset and Hampshire with damp surveys. We also provide treatment solutions to meet housing laws. Learn more about our work with property professionals here.
Tenants have a key role in preventing condensation, which is often the cause of mould. While landlords must handle structural issues, tenants should take everyday steps to reduce moisture. This includes ventilating rooms, using extractor fans, and ensuring adequate heating. The NHS suggests keeping indoor temperatures at 18°C or higher in rooms you use often. If temperatures fall below this point, it can cause more condensation and worsen breathing problems.
Key tenant responsibilities:
Neglecting these steps may lead to tenants being held partially responsible, especially if their actions directly cause or worsen the problem. Clear communication with landlords is essential to prevent further issues.
In some cases, both the landlord and tenant share responsibility for mould. Condensation mould is one such example, where everyday activities like cooking and drying clothes can worsen the problem. In these cases, the landlord must ensure the property can cope with regular living conditions, such as installing extractor fans or improving insulation.
Shared responsibilities:
By working together, both landlords and tenants can prevent mould from becoming a major issue. Clear communication and prompt action will help avoid disputes and ensure a safe living environment for all parties involved.
When landlords fail to address mould, tenants have legal options to ensure the problem is resolved. The first step is always to keep a clear record of communications. Documenting everything — from emails to repair requests — will support your case if further action is needed.
Steps tenants can take if mould is ignored:
Local councils have the power to intervene. In 2024, Citizens Advice reported that more than 256,000 private renters in England sought help with housing disrepair. Damp and mould were some of the most common issues. Under the Housing Act 2004, environmental health teams can check the property. They can issue improvement notices that require the landlord to make repairs. This also provides tenants with protection from retaliatory eviction. This occurs when landlords evict tenants after they ask for repairs.
For tenants in social housing, complaints can be directed to the Housing Ombudsman. Since November 2024, Awaab’s Law has given extra protection to social housing tenants. It sets legal repair deadlines for landlords.
If mould has caused damage or health problems, tenants may be entitled to compensation. To support a claim, gather evidence such as photographs, medical records, and any receipts for costs incurred, like running a dehumidifier.
Understanding mould responsibility in rental properties is crucial. Landlords must address mould caused by disrepair or inadequate heating, while tenants should prevent condensation and report issues promptly.
For landlords, acting on mould is key to protecting tenants’ health and avoiding legal risks. For tenants, knowing your rights ensures swift action when mould appears. With Awaab’s Law now enforceable in social housing since November 2024, social landlords must act faster on repairs. Croft Preservation has supported Dorset and Hampshire properties for over 30 years, offering expert damp and mould solutions.
Call 01202 737739 or arrange expert support and ensure your property is safe and compliant.
