Damp and mould: landlord responsibilities and practical fixes

Why damp and mould are a compliance issue, not just a repair

Damp and mould are among the most common complaints in rented homes, and the government treats them as a health issue. Its official guidance says damp and mould mainly affect the airways and lungs, can affect the eyes and skin, and can harm mental health too. In the most severe cases the respiratory effects can be fatal.

The death of two-year-old Awaab Ishak in 2020, after prolonged exposure to mould in a home with poor ventilation, is the reason Awaab's Law exists. It changed how councils, tenants and the media look at the issue, including in the private sector.

For landlords and agents the practical point is simple. A damp complaint is no longer a routine maintenance ticket to be scheduled when convenient. It can lead to enforcement by the council, a claim by the tenant, a rent repayment or penalty risk, and reputational harm.

This guide explains the rules as they stood in October 2026 for England, and what to do on site. It is general information, not legal advice.

The rules that already apply to private landlords

GOV.UK's damp and mould guidance for rented housing providers lists the main legal standards. These include the Housing Act 2004, the Environmental Protection Act 1990, the Homes (Fitness for Human Habitation) Act 2018, the Landlord and Tenant Act 1985, the Decent Homes Standard (which applies to social housing today) and the minimum energy efficiency standard.

It also warns that a lack of compliance can put a landlord at risk of prosecution or financial penalties. The standards differ a little between social and private landlords, so check which ones apply to you.

In practice, private landlords are judged mainly through three routes: the council's HHSRS powers, the tenant's fitness for habitation claim, and statutory nuisance action under the Environmental Protection Act 1990. Each is explained below.

• Housing Act 2004: councils assess hazards, including damp and mould growth, using the HHSRS.
• Homes (Fitness for Human Habitation) Act 2018: tenants can sue if a home is not fit to live in.
• Landlord and Tenant Act 1985: landlords keep the structure, exterior, and heating and water installations in repair.
• Environmental Protection Act 1990: councils can act on statutory nuisances that harm health.

HHSRS: how councils assess damp and mould

The Housing Health and Safety Rating System is a tool for assessing risks to health and safety in any home. GOV.UK's landlord and agent guide describes it as a process that gives a hazard score, with assessors judging the level of risk and whether action is needed. Damp and mould growth is one of the listed hazards.

Hazards are rated Category 1 (the most serious) or Category 2. The government says around one in 10 private rented homes has a Category 1 hazard. For Category 1 hazards, councils have a duty to take enforcement action. For Category 2 hazards they have powers to act.

Enforcement can include improvement notices, prohibition orders, emergency action and civil penalties. A government announcement in October 2026 said the Renters' Rights Act recently introduced fines of up to £7,000 where serious dangers are found. Check the current penalty position with your council, as the detail is set by the legislation.

The HHSRS assesses the risk to a notional vulnerable occupant rather than the actual tenant. A council officer will look at the cause, extent and location of the damp or mould, the ventilation and heating, and the condition of the building. Good records of what you did and when help in these conversations.

Homes (Fitness for Human Habitation) Act 2018

The Act came into force on 20 March 2019 and amended the Landlord and Tenant Act 1985. GOV.UK's guide says it requires landlords, private and social, to ensure their properties, including common parts of the building, are fit for human habitation at the start of the tenancy and throughout it.

The government guide is clear that the Act creates no new duties. It requires landlords to meet their existing responsibilities on property standards and safety. It does give tenants a direct route to redress through the courts, without needing the council to act first.

Damp is a typical trigger. Whether a home is unfit is judged against matters such as freedom from damp, ventilation and the other HHSRS hazards. A tenant who succeeds can seek a court order for works and compensation.

The Act does not apply where the problem is caused by the tenant's behaviour in a way a reasonable tenant would not, but you need evidence. An unproven suggestion that a tenant dries washing indoors is a weak defence.

Awaab's Law: where it stands for private renting (checked October 2026)

Awaab's Law currently applies to social housing only. GOV.UK describes phase 1 as requiring social landlords to deal with emergency hazards and with damp and mould hazards that pose a significant risk of harm, within fixed timeframes. Phase 2 for social housing, covering hazards such as excess cold, falls, electrical and fire, is planned from 30 November 2026 if approved in Parliament.

The Renters' Rights Act 2025 contains the power to apply Awaab's Law to private rented tenancies. On 8 October 2026 the government opened a consultation on how to do this, including which other accommodation types should be covered. The consultation closes on 18 December 2026.

That consultation will help inform the timescales for the new protections to come into force. As at October 2026, no private sector deadlines have been set in regulations. Do not assume a particular number of days, and do not tell clients one has been fixed.

The government's impact assessment says the intention is to set timescales and processes for duties landlords already have, rather than create new repair duties. That means the sensible preparation is to act on damp and mould promptly now. Watch GOV.UK for the outcome and update your procedures when regulations are published.

Finding the real cause

Mould is a symptom. Before ordering works, work out which of the main moisture sources is responsible, because the fixes are quite different. Visit the property, ask the tenant when they first noticed it and what has changed, and take dated photos.

Condensation is the most common cause. It appears on cold surfaces, in corners, behind furniture and on window reveals, and it is worse in winter. Penetrating damp comes from outside through roofs, walls, gutters or windows. Rising damp is much rarer than often claimed. Leaks from plumbing, waste or heating pipes can also feed mould.

Often there is more than one cause, such as a leaking gutter plus poor extraction. Use a moisture meter and, where needed, a thermal camera, but have the results interpreted by someone qualified.

Where the cause is unclear, the damp is widespread, or a structural issue is suspected, commission a surveyor or a qualified damp specialist. Be wary of treatment-only quotes that do not diagnose the cause.

Practical fixes that last

Start by stopping the source. Repair leaks, clear blocked gutters, fix defective seals and make sure the heating works. Then deal with the mould itself by cleaning with a suitable fungicidal wash and following product instructions. Remove and replace heavily affected porous materials such as plasterboard or carpet.

Ventilation is usually the long term answer for condensation. Check that bathroom and kitchen extractors actually work, are the right size, and run on a timer or humidity sensor so tenants do not have to remember. Consider trickle vents and undercutting doors where airflow is blocked. Where a property is very airtight, a continuous ventilation system may be appropriate.

Heating and insulation matter too. A home that cannot be heated affordably is more likely to develop condensation. Loft insulation, draught control and thermostatic controls help, and the government's guidance lists energy efficiency funding in its annexes. Note that proposals to raise EPC minimums for rented homes were under consideration, so check the current position on epc rules before making investment decisions.

Redecorate only after the area is dry and the cause is fixed. Anti-mould paint is a finish, not a cure. A short written note to the tenant explaining what was done and how to help, such as using extractors and keeping furniture slightly off external walls, supports prevention without placing blame.

• Fix the water source first, then dry, clean and redecorate.
• Test extractors for airflow and fit humidity controlled or timer units where needed.
• Keep heating controllable and check radiators and thermostats.
• Photograph before, during and after, and keep contractor reports.

Handling tenant reports and keeping records

Make it easy to report. A single email address or portal, an acknowledgement within a working day, and a clear date for inspection show good faith. Treat reports from households with children, older people or anyone with a respiratory condition as a higher priority.

Remember the access rules. GOV.UK says you must give at least 24 hours' notice to enter for an inspection or repairs, although immediate access may be possible in an emergency. Tenants can remain in the property during repairs, and if major works mean moving out, agree the arrangements in writing first.

Keep a log with dates of the report, your reply, the inspection, the diagnosis, the works and the follow up visit. This protects you if the council or a court asks what happened, and it helps agents show clients what has been done.

Be careful about retaliation. Under the Renters' Rights Act, tenants can raise issues with less fear of eviction without grounds, since that route was ended in May 2026 for assured tenancies. Treat complaints as a normal part of managing the home, and take advice before serving any notice after a repair request.

When to get professional advice

Get a qualified surveyor or damp specialist when the cause is not obvious, when mould returns after treatment, or when the building may have structural problems. A written diagnosis is far more useful than a verbal opinion if the matter is disputed.

Speak to your council's private sector housing or environmental health team if you receive a notice, or if you are unsure whether a hazard might be Category 1. Officers will often explain what they expect.

Take legal advice from a solicitor if a tenant has issued a claim, if there is a dispute about who caused the problem, or if you are unsure how a notice interacts with the possession rules.

Peachtree Maintenance can help with inspections, plumbing repairs, general maintenance and refurbishments, and with planning ahead. We are not a substitute for a legal adviser or a qualified building surveyor where their expertise is needed.