Updated July 2026 for the Renters’ Rights Act. Damp and mould are among the most common — and most serious — issues in rented homes. Since the tragic death of Awaab Ishak, the law and public expectation have hardened: you can’t dismiss mould as “tenant lifestyle” and leave it. This guide explains who is responsible, the difference between condensation and damp, your legal duties, and what to do.
Key takeaways
- Investigate the cause before blaming the tenant — condensation mould is often a ventilation or heating issue that is the landlord’s responsibility.
- Severe damp and mould can make a home unfit for human habitation and is a serious HHSRS hazard.
- Awaab’s Law does not yet apply to private landlords. The government is consulting until 18 December 2026 on extending its enforceable repair timescales, with the earliest start in 2027.
- Fix the root cause, not just the surface — and keep records of what you did and when.
Condensation, penetrating and rising damp — know the difference
- Condensation is the most common cause of mould — warm, moist air meeting cold surfaces. It’s usually driven by inadequate ventilation, insulation or heating, which are the landlord’s responsibility, even if daily living adds moisture.
- Penetrating damp comes from outside — a leaking roof, gutter, or defective pointing or render — and is a building-repair issue for the landlord.
- Rising damp comes up from the ground through a failed or missing damp-proof course — again a landlord repair.
Because the vast majority of mould is condensation or a building defect, “the tenant caused it by drying washing indoors” rarely stands up on its own. Investigate properly first.
Landlords Portal template pack
Spot damp early and keep the evidence
Routine inspections are your best early warning. The Property Inspection Kit includes a report template, photo log and follow-up letters for repairs.
- 24-hour notice letter and tenant repair report form
- Room-by-room checklist, inspection report and photo log
- Follow-up letters, plus an Excel tracker for inspections and gas, EICR and EPC dates
Your legal duties
Damp and mould engage several duties: your repairing obligations (structure, exterior and installations), the fitness for human habitation duty (severe damp/mould can make a home unfit, letting a tenant sue directly), and the Housing Health and Safety Rating System, under which damp and mould is a recognised hazard the council can enforce against. Under the Renters’ Rights Act, Awaab’s Law is due to be extended to the private rented sector, introducing legally enforceable timescales to investigate and fix serious hazards. It does not apply yet: the consultation runs until 18 December 2026 and the earliest start is 2027.
What to do about damp and mould
- Respond quickly to any report, in writing, and arrange to inspect.
- Diagnose the cause — condensation, a leak, or rising damp — using a professional if unsure.
- Fix the root cause: improve ventilation (extractor fans, trickle vents), heating and insulation for condensation; repair the defect for penetrating/rising damp.
- Treat the mould and redecorate once the cause is resolved.
- Keep records — reports, inspections, works and dates.
Frequently asked questions
Is mould the landlord’s or the tenant’s responsibility?
Usually the landlord’s, because most mould stems from condensation (ventilation/heating/insulation) or building defects. Investigate the cause before attributing it to tenant behaviour.
What is Awaab’s Law?
A duty setting enforceable timescales to investigate and fix serious hazards such as damp and mould. It applies to social housing now. The government is consulting until 18 December 2026 on extending it to private landlords, with the earliest start in 2027.
Can a tenant take action over damp and mould?
Yes — severe damp/mould can breach the fitness for human habitation duty, letting a tenant claim in court, and the council can also enforce under the HHSRS.
Written by the Landlords Portal team — experienced UK landlords covering the private rented sector. This article is general information, not legal advice.
Template pack from Landlords Portal
Run every inspection properly: the Property Inspection Kit
Dated evidence of the property's condition protects you in repair, damp and deposit disputes. This kit gives you every document for an inspection, written for landlords in England.
- 24-hour notice letter and tenant repair report form
- Room-by-room checklist, inspection report and photo log
- Follow-up letters, plus an Excel tracker for gas safety, EICR and EPC dates
