Reports of damp and mould rise every winter. Government guidance for landlords in England is clear that these problems are a risk to health and must be dealt with quickly. This guide sets out what the law expects and what to do when a tenant gets in touch.
What the law says
A rented home must be fit for human habitation at the start of the tenancy and throughout it. This comes from the Landlord and Tenant Act 1985, as amended by the Homes (Fitness for Human Habitation) Act 2018. A tenant can take a landlord to court, and the court can order works and compensation.
Under the Housing Act 2004, councils assess hazards using the Housing Health and Safety Rating System, which covers damp and mould. A council must act if it finds a category 1 hazard, and enforcement can include prosecution or a financial penalty. Damp and mould that harms health can also be a statutory nuisance under the Environmental Protection Act 1990.
Do not blame the tenant
The guidance says it is unreasonable to blame damp and mould on lifestyle choices. Cooking, washing and drying clothes are normal parts of living in a home. The cause is usually a building defect, poor ventilation, inadequate heating or poor insulation. Advice to tenants can help, but it does not replace fixing the cause.
What to do when a tenant reports it
Respond promptly and assess how serious the problem is. You do not need medical evidence before acting. Tell the tenant what you will do and when. Inspect the property in person where you can, and photograph the mould before it is removed, because its location helps to find the source.
Find and fix the cause
Cleaning the surface alone will not stop mould returning. Work out whether the damp comes from condensation, water getting in from outside, rising damp or a leak. Check gutters, roofs, pipework, extractor fans, window vents and heating. Use a qualified surveyor if the cause is not clear.
Check again afterwards
The guidance recommends inspecting again at least six weeks after the work is finished. If the damp or mould has come back, investigate further. Keep a record of every report, visit and repair. Checking ventilation and heating between tenancies also helps, as covered in our guide on preparing your property before letting it.
Awaab’s Law and private landlords
Awaab’s Law already sets legal time limits for social landlords to investigate and repair serious hazards. The government is consulting on how and when to extend it to private rented homes. The consultation closes on 18 December 2026 and no start date has been set. Landlords who already respond quickly and keep good records will be well placed when it arrives.
Hills Estate manages repairs and inspections for landlords across Ilford and east London. Call 020 8553 3036 or visit our landlord services to talk it through.
This guide is general information, not legal advice. Checked against gov.uk on 11 November 2026.
