Damp, Mould & Condensation
At a Glance
Damp and mould are among the most common problems reported by private renters in England. While a small amount of condensation is normal in many homes, persistent damp, mould or excessive moisture should never be ignored.
Left untreated, damp and mould can damage your belongings, affect your health and make a property unsafe to live in.
Your landlord has legal responsibilities to keep your home in good repair and fit for human habitation. Equally, tenants should take reasonable care of the property by reporting problems promptly and using the home in a reasonable way.
The most important thing to remember is that mould is usually a symptom, not the problem itself. Simply wiping it away or painting over it rarely fixes the underlying cause.
This guide explains the different types of damp, who is responsible, what evidence you should gather and what to do if your landlord fails to resolve the problem.
Understanding Damp, Mould & Condensation
Although people often use these terms interchangeably, they are different issues.
Condensation
Condensation occurs when warm, moist air comes into contact with cold surfaces such as windows or external walls. Small amounts are common, particularly during colder months.
Damp
Damp is unwanted moisture entering or building up within the structure of a building.
Mould
Mould is a fungus that grows where moisture remains for long periods.
Condensation can eventually lead to mould, but mould may also be caused by leaks, defective buildings or poor ventilation.
Understanding why the moisture is present is the key to identifying who is responsible for putting it right.
The Different Types of Damp
Condensation
This is the most common type of damp found in UK homes.
Everyday activities produce moisture, including:
- Cooking
- Showering and bathing
- Drying clothes indoors
- Boiling kettles
- Breathing
A typical household can produce several litres of water vapour every day.
Where ventilation is poor or surfaces are particularly cold, this moisture settles as condensation.
Penetrating Damp
Penetrating damp occurs when water enters the property from outside.
Common causes include:
- Damaged roofs
- Broken guttering
- Cracked brickwork
- Faulty render
- Defective windows
- External pipe leaks
These are generally the landlord’s responsibility to repair.
Rising Damp
Rising damp occurs when groundwater moves upwards through walls because the damp-proof course has failed or is missing.
Although genuine rising damp is less common than many people believe, it should always be investigated properly.
Plumbing Leaks
Leaks from:
- Water pipes
- Toilets
- Baths
- Showers
- Radiators
- Central heating systems
can quickly lead to damp, mould and damage if not repaired promptly.
Who Is Responsible?
Responsibility depends on what is causing the problem, not simply where the mould appears.
Usually your landlord’s responsibility
Your landlord will usually be responsible where damp or mould is caused by:
- Roof leaks
- Plumbing leaks
- Broken guttering
- Defective windows or doors
- Structural defects
- Inadequate insulation
- Faulty heating systems
- Defective extractor fans
- Poor ventilation built into the property
Landlords are generally responsible for investigating the cause and carrying out any necessary repairs.
Usually your responsibility
As a tenant, you’re expected to take reasonable care of the property.
This includes:
- Reporting problems promptly
- Using extractor fans where provided
- Opening windows where appropriate
- Heating the property as reasonably as you can
- Cleaning small amounts of condensation where practical
- Avoiding unnecessary moisture build-up
However, the presence of mould does not automatically mean the tenant is responsible.
Many cases involve a combination of factors, and landlords should properly investigate before deciding who is at fault.
Your Landlord's Legal Responsibilities
Private landlords have a legal duty to ensure that rented homes remain safe and fit to live in throughout the tenancy.
This includes keeping the property in repair and addressing hazards that could affect your health or safety.
Where damp or mould is caused by defects in the property, landlords should investigate the problem and carry out appropriate repairs within a reasonable time after becoming aware of the issue.
If they fail to do so, your local council may have powers to inspect the property and require improvements where serious hazards are identified.
What Should You Do If You Discover Damp or Mould?
1. Take photographs
Photograph the affected areas as soon as possible.
Include close-up photographs and wider shots showing where the problem is located.
2. Report it immediately
Notify your landlord or letting agent as soon as you notice the issue.
Where possible, report it in writing.
Include:
- Where the problem is
- When you first noticed it
- Whether it is spreading
- Any suspected cause
3. Keep evidence
Keep copies of:
- Emails
- Text messages
- Letters
- Inspection reports
- Photographs
If the mould is affecting your health, keep copies of any medical advice or prescriptions.
4. Allow reasonable access
If your landlord needs to inspect or repair the issue, cooperate with reasonable requests for access after appropriate notice has been given.
Can Your Landlord Blame You?
Not automatically.
One of the biggest misconceptions is that mould is always caused by tenants failing to open windows or dry clothes correctly.
While everyday living can contribute to condensation, many mould problems are caused or made worse by:
- Poor insulation
- Faulty heating
- Defective ventilation
- Structural defects
- Leaks
Simply telling a tenant to “open the windows more” is unlikely to solve these underlying problems.
Before deciding who is responsible, your landlord should investigate what is actually causing the damp or mould.
Awaab's Law & Private Renters
You may have heard of Awaab’s Law, which was introduced following the tragic death of two-year-old Awaab Ishak, who died after prolonged exposure to mould in his family’s social housing home.
The law introduced strict duties for social landlords to investigate and deal with serious hazards such as damp and mould within prescribed timescales.
The Government has confirmed that similar protections will be extended to the private rented sector through the Renters’ Rights Act. However, the detailed legal requirements and implementation dates for private landlords have not yet come into force.
That does not mean private renters are unprotected.
Private landlords already have legal duties to:
- Keep rented homes fit for human habitation.
- Investigate reports of damp and mould.
- Carry out repairs they are responsible for within a reasonable time.
- Address hazards that could affect a tenant’s health or safety.
As the law develops, we’ll update this guide with any new legal duties that apply to private landlords.
Health Risks
Persistent damp and mould can affect your health.
Potential effects include:
- Asthma
- Allergies
- Respiratory infections
- Persistent coughing
- Wheezing
- Skin irritation
- Eye irritation
Young children, older people, pregnant women and anyone with existing respiratory conditions may be particularly vulnerable.
If damp or mould is affecting your health, seek medical advice and tell your landlord as soon as possible.
What If Your Landlord Doesn't Take Action?
Step 1 – Follow Up
If you don’t receive a response, contact your landlord again in writing and ask for an update.
Step 2 – Continue Gathering Evidence
Take dated photographs and keep records of all communication.
Step 3 – Contact Your Local Council
If your landlord still doesn’t act, contact your local authority’s Private Sector Housing Team.
The council can inspect the property using the Housing Health and Safety Rating System (HHSRS).
Where serious hazards are found, they may require your landlord to carry out repairs or take other enforcement action.
Step 4 – Seek Legal Advice
If the problem remains unresolved, you may wish to seek independent legal advice.
Depending on the circumstances, you may be able to bring a legal claim requiring repairs to be carried out and, where appropriate, claim compensation.
Preventing Condensation
Although landlords are responsible for repairing defects, there are practical steps tenants can take to reduce everyday condensation.
These include:
- Using extractor fans where provided.
- Opening windows when weather and security allow.
- Keeping trickle vents open if fitted.
- Drying clothes outdoors where possible.
- Leaving a small gap between furniture and external walls.
- Heating the property consistently where affordable.
- Reporting faulty extractor fans or heating systems promptly.
These measures may reduce condensation, but they won’t fix structural defects or poor building design.
Myth vs Fact
❌ Myth
“All mould is the tenant’s fault.”
✅ Fact
No. Mould can result from structural defects, leaks, poor insulation, inadequate ventilation and many other issues.
❌ Myth
“My landlord can just paint over mould.”
✅ Fact
Painting over mould without fixing the underlying cause is only a temporary cosmetic solution.
❌ Myth
“If I clean the mould, the problem has been solved.”
✅ Fact
Cleaning visible mould removes the symptoms, not the cause.
❌ Myth
“Private renters have no protection against damp and mould.”
✅ Fact
Private landlords already have legal responsibilities to keep properties fit for human habitation and deal with serious hazards, even before the private rented sector version of Awaab’s Law comes into force.
Frequently Asked Questions
Is black mould always dangerous?
Not every patch of black mould presents the same level of risk, but all mould should be taken seriously and the underlying cause investigated.
Can my landlord simply tell me to open the windows?
They can advise you on reducing condensation, but they should also investigate whether defects in the property are contributing to the problem.
Should I clean mould myself?
Small areas can usually be cleaned safely using appropriate products, but recurring or extensive mould should always be reported to your landlord.
Can I stop paying rent because of mould?
No.
You should continue paying your rent while the issue is being resolved unless you’ve received independent legal advice telling you otherwise.
Can I claim compensation?
Possibly.
If your landlord has failed to meet their legal responsibilities and you’ve suffered loss, inconvenience or harm as a result, you may have grounds to bring a legal claim.
Key Takeaways
- Damp, mould and condensation are different problems with different causes.
- Mould is often a symptom of a wider issue that should be investigated.
- Report problems as soon as you notice them and keep evidence.
- Landlords are generally responsible for structural defects, leaks and inadequate building ventilation.
- Continue paying your rent while the issue is being addressed.
- If your landlord fails to act, your local council may be able to help.
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