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 is being extended to the private rented sector, adding enforceable timescales for fixing hazards.
- 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.
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 being extended to the private rented sector, introducing legally enforceable timescales to investigate and fix serious hazards — the exact dates are still to be confirmed via consultation, so watch for GOV.UK announcements.
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 is being extended to the private rented sector under the Renters’ Rights Act, with dates to be confirmed.
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.
