Your Landlord Won't Fix the Damp and Mould: Know Your Rights

Damp and mould are the most common serious housing hazard in the private rented sector. Following the tragic death of two-year-old Awaab Ishak in 2020 from a respiratory condition caused by mould in a Rochdale housing association property, the law on landlord repair obligations has become a national issue. But these rights have existed for many years — the problem has been enforcement. Here is what your landlord is legally required to do and what you can do if they do not.

The Landlord's Repair Obligations Under the Landlord and Tenant Act 1985

Section 11 of the Landlord and Tenant Act 1985 implies a covenant (an obligation that is automatically part of every tenancy, regardless of what the tenancy agreement says) requiring the landlord to:

• Keep in repair the structure and exterior of the dwelling (including drains, gutters, and external pipes)
• Keep in repair and proper working order the installations for the supply of water, gas, electricity, and sanitation
• Keep in repair and proper working order the installations for space heating and water heating

This obligation applies to all residential tenancies with a term of less than 7 years. It cannot be contracted out — a clause in a tenancy agreement that purports to make the tenant responsible for structural repairs is void.

Damp caused by structural failure — such as a leaking roof, penetrating damp from external walls, or rising damp — is clearly a structural issue and within the landlord's Section 11 obligation. The obligation to repair begins when the landlord has notice of the disrepair. Notice can be written or verbal, but written notice (email, letter, text message) is best because it is evidenced.

The Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018, which came into force in March 2019, amended the Landlord and Tenant Act 1985 to add a new implied covenant: the landlord must ensure the property is fit for human habitation throughout the tenancy, not just at the start. The Act uses a list of matters that may make a property unfit, including damp, structural instability, serious disrepair, lack of adequate heating and lighting, and entry by pests.

Crucially, the fitness obligation does not require notice. Unlike Section 11 (which only kicks in after the landlord knows about the problem), the fitness obligation is continuous. If the property is unfit at any time, the landlord is in breach — even if they did not know. In practice, the distinction matters most for hazards that the landlord should have known about if they had inspected the property.

Reporting to the Local Council: The HHSRS

Your local council has powers under the Housing Health and Safety Rating System (HHSRS), introduced by the Housing Act 2004, to inspect properties and take enforcement action against landlords. If a property contains hazards — including damp, mould, excess cold, or structural instability — the council can serve:

• An Improvement Notice: Requiring the landlord to remedy the hazard within a specified timeframe.
• A Prohibition Order: Restricting or prohibiting occupation of the affected part of the property.
• Emergency Remediation Action: Where there is an immediate risk to health, the council can carry out work itself and recharge the landlord.

Reporting to the council is an important step if your landlord is not responding to your repair requests. The council has professional inspectors who can assess hazards objectively. A council notice or improvement order also strengthens any civil claim you might make, because it establishes that the property was sub-standard.

What About Withholding Rent?

Withholding rent because of disrepair is a course of action many tenants consider but very few should take unilaterally. While technically you may have an argument that the landlord's breach justifies you setting off part of the rent, the risks are serious: if you withhold rent, your landlord can serve a Section 8 notice for rent arrears (Ground 8), and unless you can successfully run a set-off defence in court, a possession order may follow.

The safer approach is to pay rent but keep detailed records of your repair requests and the landlord's failures, then either pursue the local council route or bring a disrepair claim in court.

Taking Legal Action for Disrepair

If your landlord is not meeting their obligations, you can bring a claim in the county court for:

• An injunction (specific performance): A court order requiring the landlord to carry out specific repairs within a set timeframe. Courts are increasingly willing to grant these, particularly where there is evidence of ongoing health hazards.
• General damages: Compensation for the reduced enjoyment of the property during the period of disrepair. This is usually calculated as a percentage of the rent. Where the property is found unfit for human habitation, damages can equal 100% of the rent for the affected period.
• Special damages: Compensation for damaged belongings, additional heating costs, or medical expenses directly caused by the landlord's failure to repair.

Many housing disrepair solicitors take cases on a no-win no-fee basis, particularly where the disrepair is significant and well-documented. Keep all evidence: photographs (dated), repair request emails and letters, any medical evidence linking health conditions to the damp or mould, and any responses (or non-responses) from your landlord.

Awaab's Law and the Future

Following the public outcry after Awaab Ishak's death, the Social Housing (Regulation) Act 2023 introduced Awaab's Law for social housing — requiring landlords to investigate reports of damp and mould within 14 days, begin remediation within a further 7 days if a hazard is found, and complete emergency repairs within 24 hours where there is an immediate risk. The Renters' Rights Act 2025 committed to extending Awaab's Law to the private rented sector by further legislation. This has not yet taken effect, but when it does, it will impose strict timescales on private landlords that currently do not exist.

Practical Steps

1. Report the disrepair in writing to your landlord. Be specific about the problem (not just "damp" but "water coming through the ceiling in the bedroom, visible black mould on the east wall of the bathroom, condensation on all windows").
2. Keep copies of all communications. Take dated photographs.
3. Follow up if there is no response. A second written request creates a clearer evidence trail.
4. If the landlord still does not act, contact your local council's environmental health or housing department to report the hazard.
5. Consider contacting Shelter (0808 800 4444) or a housing disrepair solicitor for advice on a civil claim.