Who Is Responsible for Damp and Mould in a Rented Property?

Quick answer: In England, the landlord is responsible for damp and mould caused by the building: leaks, penetrating or rising damp, broken extractor fans, and inadequate heating, ventilation or insulation. Repairing and fitness-for-habitation law puts these on the landlord. Tenants must report problems promptly and use the home reasonably, but government guidance says damp and mould shouldn't be blamed on "lifestyle".

"Whose fault is the mould?" is the most common argument in private renting, and for a long time the answer depended on who argued harder. The law has moved decisively since 2018. This guide sets out who is responsible for what, the laws behind it, and what each side should do when mould appears. It covers England. Scotland, Wales and Northern Ireland have their own housing law.

The short version

The landlord is responsible for:

• The structure and exterior: roof, walls, windows, gutters, drains and external pipes
• Installations for water, gas, electricity, sanitation, heating and hot water, including leaks from them
• Keeping the home fit to live in throughout the tenancy, which expressly includes freedom from damp and adequate ventilation
• Investigating damp and mould once they know about it, and fixing the cause

The tenant is responsible for:

• Reporting damp, mould, leaks and broken equipment promptly, ideally in writing
• Letting the landlord in, with proper notice, to inspect and do the work
• Using the home in a "tenant-like manner": using the extractor fans and ventilation provided, not blocking vents, and not causing damage
• Damage they or their visitors cause, such as a bath left overflowing

The laws that make it the landlord's job

Repairing obligations: Landlord and Tenant Act 1985, section 11

For most tenancies of under seven years, section 11 requires the landlord to keep in repair the structure and exterior of the home and the installations for water, gas, electricity, sanitation, space heating and hot water. A slipped roof tile, a cracked downpipe, failed pointing or a leaking pipe that causes damp is the landlord's problem. You can't contract out of it in the tenancy agreement.

The landlord's duty to repair generally applies once they know, or should know, about the defect. That's why reporting matters.

Fitness for human habitation: section 9A

For decades there was a gap. In a 1986 case, Quick v Taff Ely BC, the court decided that severe condensation mould caused by poor design wasn't "disrepair", so the landlord didn't have to fix it. Tenants living with streaming walls had no straightforward claim.

The Homes (Fitness for Human Habitation) Act 2018 closed that gap. It inserted section 9A into the 1985 Act, requiring rented homes to be fit for human habitation at the start of the tenancy and throughout it. The matters a court considers expressly include freedom from damp and ventilation, along with the hazards in the Housing Health and Safety Rating System. A home that's significantly defective in any of these ways can be unfit, and tenants can take the landlord to court over it.

Council enforcement: Housing Act 2004

Under the Housing Health and Safety Rating System (HHSRS), damp and mould growth is one of the listed hazards. Councils can inspect rented homes and, where they find a serious hazard, serve an improvement notice requiring the landlord to fix it. They can take emergency action, issue civil penalties or prosecute when notices are ignored. The Renters' Rights Act 2025 strengthened these enforcement powers from 1 May 2026.

Awaab's Law

For social housing in England, Awaab's Law has set fixed deadlines since 27 October 2025. Social landlords must investigate significant damp and mould hazards within 10 working days of becoming aware of them, and must investigate emergency hazards and make them safe within 24 hours. The Renters' Rights Act 2025 will extend Awaab's Law to private rentals, but the government has said it will consult on the details first, and no start date has been confirmed. See our Awaab's Law guide for private landlords.

No more no-fault evictions

From 1 May 2026, landlords in England can no longer use section 21 "no-fault" evictions. In the past, some tenants didn't complain about mould because they feared being asked to leave. That route to a retaliatory eviction has now gone.

What about condensation?

Condensation used to be where landlords and tenants disagreed most: the landlord said the tenant dried washing indoors, the tenant said the flat was cold and had no extractor fan. Government guidance for rented housing providers is now blunt. It describes it as "totally unreasonable" to blame damp and mould on lifestyle choices. The fundamental causes are building deficiencies, inadequate ventilation, inadequate heating and poor energy efficiency, not tenants' normal domestic activities.

Cooking, showering, breathing and drying clothes produce moisture in every home. A well-maintained home copes with that. When one doesn't, the landlord should look at the building:

• Are there working extractor fans in the kitchen and bathroom, with enough extraction?
• Are there trickle vents on the windows, and do they open?
• Can the home be heated affordably to a steady temperature?
• Are there cold spots from missing insulation or cold bridging around windows, corners and ceilings?

Our guide Can a landlord blame condensation on tenant lifestyle? goes into more detail. PIV vs MVHR vs extractor fans compares the fixes.

Tenants still have a part to play. Use the fans and vents provided, don't block airbricks or trickle vents, and keep furniture slightly away from cold external walls. But a home that only stays mould-free if the tenant lives in an unusually careful way has a building problem.

Common situations and who usually pays

• Damp patch under a leaking roof or overflowing gutter: landlord
• Tide marks at the bottom of walls from failed or bridged damp-proofing: landlord
• Extractor fan broken or never installed in a bathroom with mould on the ceiling: landlord
• Mould on the cold external wall of a poorly insulated bedroom: landlord to investigate and improve heating, insulation or ventilation
• Tenant has switched off the fans or taped over trickle vents: the landlord should still investigate and explain how the ventilation works. The tenant should use it. Responsibility may be shared if mould persists for that reason alone.
• Leak from the tenant's own washing machine: tenant
• Mould damage to the tenant's belongings because the landlord didn't fix a reported problem: the tenant may be able to claim compensation from the landlord

What tenants should do

1. Report it in writing. Email or the landlord's or agent's portal, with photos and dates. A written report starts the clock on the landlord's obligations and creates a record.
2. Give access. The landlord can inspect at reasonable times on 24 hours' written notice.
3. Keep a log. Photos, messages, any health effects and anything damaged.
4. Escalate if nothing happens. Private tenants can contact the council's private sector housing or environmental health team. Social housing tenants should use their landlord's complaints process and then the Housing Ombudsman.
5. Get advice before withholding rent. Withholding rent can put you in arrears and at risk of possession proceedings. Shelter and Citizens Advice can explain your options.

Our tenant's guide to mould and damp rights has more detail.

What landlords should do

1. Acknowledge the report quickly and arrange an inspection. For social landlords, Awaab's Law timeframes apply. For private landlords, they're the benchmark the law is heading towards.
2. Find the cause, not just the mould. A survey by a qualified damp specialist identifies whether it's condensation, penetrating damp, rising damp or a leak. See how much a damp survey costs.
3. Fix the cause and treat the mould. Wiping mould off or painting over it without dealing with the moisture means it comes back.
4. Tell the tenant what you found and what you're doing, in writing.
5. Check it worked. Government guidance suggests a follow-up inspection at least six weeks after remedial work.
6. Keep records of reports, inspections, findings and works.

Our landlord's guide to dealing with mould walks through each step.

Where letting agents fit in

A fully managing agent usually takes reports, arranges inspections and instructs contractors under its management agreement with the landlord. The landlord remains legally responsible for the condition of the property, so landlords should check that their agent knows how quickly to act and keeps records.

Find a specialist

MouldPros lists verified damp and mould specialists across the UK, from independent damp surveyors to mould removal and ventilation specialists. Get up to three free quotes, or search the directory.

This guide explains the general legal position in England and isn't legal advice. For a specific dispute, speak to a housing solicitor, Shelter or Citizens Advice.