Damp and mould landlord responsibilities: what private landlords must do
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Damp and mould landlord responsibilities come from several laws, not one. Government guidance lists five main legal standards, including that homes must be free of the most serious "category 1" hazards under the Housing Health and Safety Rating System (HHSRS), must not be prejudicial to health, and must be fit for human habitation under the Landlord and Tenant Act 1985 as amended by the Homes (Fitness for Human Habitation) Act 2018 [1]. The guidance says landlords should tackle the underlying cause promptly and "should not delay action to await medical evidence" [1]. There's currently no fixed legal deadline for private landlords, but that's expected to change when Awaab's Law reaches private renting [1][2].
Why damp and mould matters so much now
The government's guidance on damp and mould was written after the death of two-year-old Awaab Ishak in 2020 from a respiratory condition caused by prolonged exposure to mould in his family's social rented home [1]. The guidance applies to all landlords, private and social, "irrespective of whether they own one or multiple homes" [1].
It's direct about responsibility: tenants must not be blamed for damp and mould by default, and advice to tenants about ventilation "must never be a substitute for addressing the underlying causes" [1].
Damp and mould landlord responsibilities: the legal standards
The government guidance sets out legal standards that apply to rented homes [1]. For private landlords, the key ones are:
| Standard | What it means | Law |
|---|---|---|
| Free from category 1 hazards | Homes must not have hazards at the most dangerous level, assessed using HHSRS. Damp and mould is one of the hazards assessed | Housing Act 2004 [1] |
| Not prejudicial to health | Tenants and councils can act where a home is a "statutory nuisance", including where it's prejudicial to health | Environmental Protection Act 1990 [1] |
| Fit to live in | Tenants can take action if the home is unfit for human habitation or the landlord fails to keep it in repair | Landlord and Tenant Act 1985 (sections 9A and 11), Homes (Fitness for Human Habitation) Act 2018 [1] |
The guidance says that while "there is currently no legal requirement to undertake remedial work within a specific period of time, landlords should nonetheless respond to complaints about repairs promptly" [1].
What councils can do
If you don't deal with a hazard, GOV.UK says your tenant can ask the council to inspect under HHSRS, and if the council finds serious hazards it must take enforcement action [3]. The damp and mould guidance adds that a lack of compliance puts landlords at risk of prosecution or financial penalties [1].
What the guidance says landlords should do
When responding to reports of damp and mould, the guidance says landlords should [1]:
- tackle the underlying issue promptly, and act with urgency when concerns have been raised about tenant health
- not wait for medical evidence. It's not a requirement for action
- take a proactive approach, investigating homes most at risk rather than waiting for complaints
- understand that some homes are harder to heat, through poor energy efficiency or cost-of-living pressures, which makes damp and mould more likely
- support tenants to understand what they can do, without using that as a substitute for fixing causes
- consider barriers some tenants face in reporting problems, such as language or fear of eviction
How to respond to a damp and mould report: step by step
- Acknowledge the report the same day and ask for photos of the affected areas.
- Ask about health. If anyone in the household is vulnerable (very young, elderly, pregnant, with a respiratory condition), the guidance says act with urgency [1].
- Inspect or send someone competent to find the cause: leaks, rising or penetrating damp, failed extractor fans, condensation from poor ventilation or heating.
- Fix the cause, not just the stain. Wiping or painting over mould without fixing the source is the classic mistake.
- Treat the mould after the cause is dealt with.
- Follow up a few weeks later to check it hasn't come back.
- Record every step with dates and photos.
Awaab's Law for private landlords
Awaab's Law sets legal timeframes for social landlords to investigate and fix hazards including damp and mould [2]. The government roadmap says it will extend Awaab's Law to the private rented sector in a later phase, with timescales subject to consultation [4]. Our Awaab's Law guide for private landlords tracks what's known. Getting into the habit of fast, documented responses now means the change won't catch you out.
Damp, mould and your EPC
The guidance links damp and mould risk to homes that are hard to heat [1]. Insulation, heating and ventilation upgrades that improve your EPC can also reduce condensation. See our guide to EPC costs and the minimum rating.
Your paper trail is your protection
If a tenant complains to the council, takes action under the fitness for habitation rules, or (in future) goes to the landlord ombudsman, the questions will be: when were you told, and what did you do? A dated record answers both.
Gaffy gives every property a repair link that tenants open in their phone's browser, with no app. They describe the damp, add up to 5 photos, and it lands in your maintenance inbox with a timestamp. You move it from New to Scheduled to Done, and the photos and history stay with the property, so if the mould returns next winter you can see exactly what was done last time. See the repair link and maintenance inbox.
FAQs
Is damp and mould the landlord's responsibility?
Generally, yes, where it's caused by disrepair, structural problems or inadequate heating or ventilation. Landlords must keep homes free of serious hazards and fit to live in [1]. Government guidance says tenants shouldn't be blamed by default [1].
How long does a landlord have to fix damp and mould?
There's currently no fixed legal deadline for private landlords, but guidance says respond promptly and urgently where health is at risk [1].
Does Awaab's Law apply to private landlords?
Not yet. The government plans to extend it to the private rented sector in a later phase [4].
Do tenants need a doctor's note about mould?
No. The guidance says landlords should not wait for medical evidence [1].
Can a tenant report damp and mould to the council?
Yes. The council can inspect under HHSRS and must act on serious hazards [3].
Can I blame condensation on the tenant's lifestyle?
The guidance says landlords should not assume damp and mould is caused by tenants' lifestyle and should look for the underlying cause [1].
How does Gaffy help?
Tenants report damp through a repair link with photos, every report is timestamped, and each job moves from New to Scheduled to Done. It's £12 a month for up to 5 properties, plus £4 a month for each extra property, and the first month is free.
Sources
- GOV.UK, Understanding and addressing the health risks of damp and mould in the home: https://www.gov.uk/government/publications/damp-and-mould-understanding-and-addressing-the-health-risks-for-rented-housing-providers/understanding-and-addressing-the-health-risks-of-damp-and-mould-in-the-home--2
- GOV.UK, Awaab's Law: guidance for social landlords: https://www.gov.uk/government/publications/awaabs-law-guidance-for-social-landlords/awaabs-law-guidance-for-social-landlords-timeframes-for-repairs-in-the-social-rented-sector
- GOV.UK, Renting out a property, Making repairs: https://www.gov.uk/renting-out-a-property/making-repairs
- GOV.UK, Renters' Rights Act 2025 implementation roadmap: https://www.gov.uk/government/publications/renters-rights-act-2025-implementation-roadmap/implementing-the-renters-rights-act-2025-our-roadmap-for-reforming-the-private-rented-sector