Landlord responsibility for damp and mould in England comes from several overlapping duties. For most rented homes, the landlord must keep the structure and exterior, and the installations for water, gas, electricity, sanitation and heating, in repair, keep the home fit for human habitation and deal with serious hazards under the Housing Health and Safety Rating System (HHSRS). Social landlords must also meet the fixed timescales of Awaab’s Law. Tenants have responsibilities too, but government guidance is clear that damp and mould should not be blamed on tenants’ lifestyles. This guide explains each duty and the practical steps landlords and tenants can take.
This guide is general information about the position in England, not legal advice. Landlords and tenants should obtain legal advice on their own circumstances.
Who is responsible for damp and mould in a rented home?
Where damp and mould arises from disrepair, a building defect, or inadequate heating, ventilation or insulation, responsibility will usually rest with the landlord. Tenants are expected to take good care of the property, report problems promptly and allow access, and they are responsible for damage caused by themselves, their family or their friends.
From a surveying perspective, responsibility can rarely be settled without first establishing the cause, and damp commonly has more than one source. Diagnosis should therefore come before any conclusion about who should put it right.
The legal duties that apply to all landlords
Repairing obligations under section 11
Under most shorter residential tenancies, section 11 of the Landlord and Tenant Act 1985 requires the landlord to keep the structure, exterior, gutters and drains, and the installations for water, gas, electricity, sanitation, heating and hot water, in repair. Many damp problems originate here: leaking roofs, defective rainwater goods, deteriorated pointing and broken heating.
Section 11 is an obligation to repair, not to improve, and a landlord is generally not in breach until it has notice of the disrepair. Condensation mould can therefore occur without disrepair in the legal sense. Our guide to landlord repair obligations explains notice, exceptions and the tenancies covered.
Fitness for human habitation under section 9A
Section 9A, added by the Homes (Fitness for Human Habitation) Act 2018, requires most rented homes in England to be fit for human habitation at the start of the tenancy and throughout it. Under section 10, the matters taken into account include “freedom from damp”, ventilation and any prescribed HHSRS hazard.
Section 9A can therefore apply even where the cause is not disrepair, for example severe condensation mould linked to inadequate ventilation. A tenant can take the landlord to court, and the court can order works and award compensation.
The HHSRS and council enforcement
Councils use the HHSRS to assess risks to health and safety in homes, and damp and mould remains the first listed hazard in the revised system in force since 23 June 2026. Where a council finds a Category 1 hazard it must take action. According to the government’s HHSRS landlord and agent guide, councils can impose a civil penalty of up to £7,000 when first taking action on a Category 1 hazard that it would have been reasonably practicable for the landlord to remove, and up to £40,000 for failing to comply with an improvement notice (offences on or after 1 May 2026). Our guide to the HHSRS damp and mould hazard explains how hazards are scored.
Social landlords: Awaab’s Law
Local authorities and housing associations in England have additional duties under Awaab’s Law. The Social Housing (Regulation) Act 2023 inserted section 10A into the Landlord and Tenant Act 1985, and since 27 October 2025 the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 have applied to damp and mould hazards that present a significant risk of harm, and to all emergency hazards, in social housing tenancies.
| Requirement | Emergency hazards | Significant hazards |
|---|---|---|
| Investigate | Within 24 hours of becoming aware | Within 10 working days of becoming aware |
| Complete relevant safety work | Within 24 hours of becoming aware | Within 5 working days of the investigation concluding |
| Written summary to the tenant | Within 3 working days of the investigation concluding | Within 3 working days of the investigation concluding |
The written summary applies to emergency as well as significant hazards, although the government’s Awaab’s Law guidance for social landlords says it is not needed if all the required work is completed within three working days. In both cases, supplementary preventative work must begin, or steps be taken to begin it, within 5 working days of the investigation concluding, or within 12 weeks where that is not reasonably practicable.
If the home cannot be made safe in time, the landlord must offer suitable alternative accommodation at its own cost. There is a defence where the landlord took all reasonable steps but the failure was genuinely beyond its control. Tenants can complain, go to the Housing Ombudsman or bring a claim, and the Regulator of Social Housing enforces through the Consumer Standards.
Our introduction to what is Awaab’s Law explains the background, our guide to Awaab’s Law landlord responsibilities covers day-to-day compliance, and our Awaab’s Law surveys provide independent investigations.
Private landlords: where things stand
Awaab’s Law does not yet apply to private landlords. Section 60 of the Renters’ Rights Act 2025 will extend the hazard requirements beyond social housing, but it is not yet in force and further regulations are needed. The government has said it will consult on the detail, and no start date has been confirmed. It has also confirmed that a new Decent Homes Standard, which includes a damp and mould criterion, will apply to private and social rented homes from 2035.
In the meantime, section 11, section 9A and the HHSRS already apply. Our guide to Awaab’s Law for private landlords explains how to prepare.
What about the tenant’s responsibilities?
Tenants do have responsibilities. According to the government’s guidance on private renting, tenants should:
- take good care of the property
- repair or pay for any damage caused by themselves, their family or friends
- give the landlord access to inspect or carry out repairs, with at least 24 hours’ notice at reasonable times
- continue paying the agreed rent, even where repairs are needed
Tenants should also report damp and mould promptly. In law, section 11 does not require the landlord to carry out work that the tenant is liable for under the duty to use the property in a tenant-like manner, and section 9A does not apply where the unfitness is caused by the tenant’s own breach.
However, a balanced view is essential. The government’s damp and mould guidance states that it is totally unreasonable to blame damp and mould on lifestyle choices. Cooking, bathing and drying laundry all produce moisture, and the guidance identifies building deficiencies, inadequate ventilation or heating, and poor energy efficiency as the fundamental causes. Landlords may work with tenants on small, relevant changes, but only alongside tackling the root cause. The Awaab’s Law guidance similarly says social landlords should not assume that the cause is the tenant’s “lifestyle”.
From a surveying perspective, occupancy can contribute to condensation, but the first question is whether the home provides adequate heating, ventilation and insulation for normal living.
Practical steps for landlords
- Provide a simple reporting route and record the date of every report.
- Respond sensitively and with urgency, acting more quickly where a household member is vulnerable.
- Give written notice and arrange access at a convenient time.
- Diagnose the cause before specifying works, using an independent surveyor where needed.
- Fix the cause, remove the mould safely and explain the findings to the tenant in writing.
- Re-inspect at least six weeks after remedial work, as the government’s guidance recommends.
- Keep records of reports, inspections, works and communication.
- Check extract fans, trickle vents, heating, gutters and seals between tenancies.
What tenants can do
If you are a tenant with damp or mould:
- report it to your landlord or agent in writing, with dated photographs, and keep copies
- allow access for inspections and repairs, and keep paying rent
- if a private landlord does not act, contact your council, which can inspect under the HHSRS
- if you are a social tenant, use your landlord’s complaints procedure and, if necessary, the Housing Ombudsman
- take legal advice about any claim, which will usually follow the Pre-Action Protocol for Housing Conditions Claims
How an independent survey helps
An RICS Chartered Surveyor can establish the cause of damp and mould and set out proportionate recommendations, giving landlords and tenants an evidence-based starting point. Our landlord damp and mould survey is designed for private landlords and agents, and forms part of our wider damp and mould survey service. Where a complaint has become a claim, our damp and mould expert witness service provides independent evidence under CPR Part 35.
Call 0151 374 0905 or email office@lansdownassociates.co.uk (Monday to Friday, 09:00 to 17:00).
Frequently asked questions
Can a landlord blame the tenant for mould?
Government guidance says landlords should not blame damp and mould on tenants’ lifestyles, as normal daily activities produce moisture. A tenant may be responsible for damage they have caused, but the cause should be established by a proper investigation, not assumed.
Can I stop paying rent until the mould is fixed?
No. Government guidance says tenants should continue to pay rent, even where repairs are needed or there is a dispute. Report the problem, keep records and take advice on your options.
How quickly must a landlord deal with damp and mould?
Social landlords must meet the Awaab’s Law timescales set out above. Private landlords should carry out repairs within a reasonable time after notice, depending on the urgency, and councils can act where a serious hazard exists.
