Is damp and mould my landlord's responsibility, and how do I report it?
What a landlord is obliged to deal with, why 'lifestyle' is not a complete answer, and the reporting sequence that creates the record you will need.
- Difficulty
- beginner
- Time
- 1 hr
- Read
- 4 min
- Safety
- caution
Short answer
Damp and mould caused by the building — a leak, penetrating damp, cold uninsulated surfaces, missing or broken extract fans, no purpose-provided ventilation, a heating system that does not work — is the landlord's responsibility to put right. Report it in writing, with photographs and dates, keep every reply, and escalate through the formal complaints route if nothing happens.
The standard first response to a report of mould is that it is caused by the tenant's lifestyle. Sometimes household moisture genuinely is part of the picture. But a home has to be capable of being kept free of damp and mould when it is lived in normally, and if it cannot be — because the walls are cold, the fan does not work, there are no vents, or the heating cannot be run — that is a fabric problem and it belongs to the landlord.
Safety
Step by step
- Photograph everything, with dates.Every affected wall, ceiling and window, wide shots and close-ups, plus a shot showing which room it is. Repeat monthly. A dated series is far stronger evidence than a single picture.
- Record the conditions as well as the damage.A cheap hygrometer photographed alongside the mould, morning readings across a few weeks, and a note of which rooms are heated. This pre-empts the lifestyle argument with data.
- Record the building's failings specifically.Is there an extract fan in the bathroom and does it work? Does the kitchen have one? Are there trickle vents? Is there a leak? Is the heating working in every room? List them individually, because each is a repairing item.
- Report it in writing.Email or a letter, never only a phone call. State what you have found, where, when it started, who in the household is affected health-wise, and what you are asking them to do. Keep a copy.
- Give access and keep the record of that too.Note every appointment offered, attended and missed. A repairs case can turn on whether access was provided, so make that unambiguous.
- Ask for any inspection report in writing.If a damp company or a surveyor visits, you are entitled to ask for the report. If it concludes 'condensation, lifestyle', ask specifically what ventilation and insulation were assessed and what the surface temperatures were.
- Escalate through the formal complaints procedure.Social landlords and most large private landlords and agents have a published complaints process with stages and timescales. Complete it, because the next stage almost always requires that you have.
- Take it further if the process fails.For a social landlord, the Housing Ombudsman. For a private tenancy, the environmental health team at your local council can inspect and take enforcement action against a hazard. Shelter and Citizens Advice both give free tenant advice and will tell you which route fits your situation.
- Do the things that are genuinely yours in the meantime.Use the extract fans, open the trickle vents, air the rooms, avoid drying washing on radiators where you can. Not because it is the cause, but because it strengthens your position and it reduces the harm while the case runs.
Tips
- Keep everything in one folder — photographs, emails, reports, appointment notes, hygrometer readings. Cases are won on records and lost on memory.
- If you are asked to sign anything accepting responsibility for condensation before repairs are done, take advice first.
- Rules and remedies differ between England, Scotland, Wales and Northern Ireland, and between social and private tenancies. Check the current position for your nation and tenancy type rather than relying on a general description.
Common mistakes
- Reporting it by phone only — There is then no record that you reported it, when, or what was said. Almost every escalation route asks for evidence that the landlord was told and had a reasonable opportunity to act.
- Cleaning the mould off before the inspection — It is natural to want the home presentable, but the inspector then sees a clean wall. Photograph it thoroughly first, and keep the photographs.
- Accepting 'it is condensation, so it is your fault' as the end of the matter — Condensation has causes, and several of them — cold uninsulated walls, no extract ventilation, no trickle vents, a heating system that does not work, an unrepaired leak making the fabric cold and wet — are the landlord's to fix.
Questions people ask
What if the landlord says I need to heat the property more?
A home has to be capable of being kept free of damp when heated to a normal, affordable level. If the only way to prevent mould is to run the heating beyond what is reasonable, that points at inadequate insulation, which is a fabric matter.
Can I withhold rent?
Withholding rent is risky and can put your tenancy at risk. There are established routes for disrepair and for compensation, and they work better. Get advice from Shelter or Citizens Advice before doing anything with the rent.
The mould is making my child ill. Is that different?
It raises the urgency and it should be stated explicitly and in writing every time you report. Speak to a GP, ask for the health impact to be recorded, and say clearly that a vulnerable person is affected. That changes how a case is prioritised.
I own my flat but the damp is coming from the building. What then?
That is usually a matter for the freeholder or the management company under the lease, and the route is the lease's repairing covenants rather than tenancy law. Report in writing, keep the record, and check what the lease says about the external fabric.