Damp and mould are some of the most common problems tenants face in the UK, yet they’re also among the most confusing. When black spots appear on walls or ceilings, or the smell of mould lingers in your home, the first question is often: “Who is Responsible For Damp and Mould – landlord or Tenant?”
Understanding your rights and responsibilities is essential—not just to protect your property, but also your health. Persistent damp and mould can trigger allergies, respiratory problems, and even serious long-term conditions if left unchecked. This guide will help you identify causes, clarify responsibilities, and explain the steps you can take to protect yourself and your home.
Before assigning responsibility, it’s important to know why damp and mould occur. Common causes include:
Key point: If the damp or mould is caused by the building’s structure or maintenance failures, it is usually the landlord’s responsibility. However, condensation due to everyday living, such as drying clothes indoors without ventilation, may fall under the tenant’s control.
Landlords have a legal obligation to maintain the property in a safe and habitable condition. This includes ensuring there is no structural damp or persistent mould that could harm tenants’ health. Key points about landlord mould responsibility include:
Fixing leaks or roof damage
Repairing defective gutters or plumbing
Addressing rising damp or penetrating damp
Maintaining adequate insulation and ventilation
If the landlord neglects these duties, tenants can take legal action. You can also check our guide on how to claim against landlord for disrepair in London if your property is in the capital.
Tenants also have rights when it comes to damp and mould. If your rented home has persistent issues, you are entitled to:
Request repairs from the landlord
Report serious health hazards
Seek legal advice if the landlord fails to act
It’s important to keep records of complaints, photos, and correspondence to support your case. Tenants should also ensure they are not contributing to the problem through poor ventilation or heating, as this can complicate responsibility claims.
Determining responsibility depends on the cause:
| Cause of Damp/Mould | Responsibility |
|---|---|
| Structural faults or poor maintenance | Landlord |
| Lifestyle-related condensation | Tenant |
| Mixed causes | Shared responsibility |
Tenants often ask, “is mould the landlord’s responsibility?” The answer is generally yes if the mould results from structural faults or failure to maintain the property. Conversely, if the tenant’s behaviour contributes significantly, the landlord may not be held accountable.
UK law is clear that landlords must ensure rented properties are safe and free from hazards, including damp and mould. Under the Landlord and Tenant Act 1985, landlords must repair and maintain the structure and exterior of the property. Failing to do so can lead to claims for housing disrepair.
Tenants who need guidance on how to make these claims can get support from our damp and mould claims service, which explains the process step by step.
If you suspect the landlord is responsible, evidence is crucial. Steps to prove liability include:
Document the problem: Take dated photos of damp or mould
Keep records: Save emails, letters, or maintenance requests
Seek professional reports: Consider hiring a surveyor to confirm structural faults
Notify your landlord formally: Written notice ensures there is proof you requested repairs
Having clear documentation strengthens your claim and can support legal or compensation actions. For tenants in Birmingham, we offer advice on no win no fee housing disrepair claims in Birmingham.
If your landlord ignores damp and mould issues, you have options:
Reporting the problem to local authorities
Seeking legal support from specialist housing disrepair lawyers
Making a formal claim for repairs or compensation
Early action helps prevent worsening damage and protects your health. Legal experts can guide tenants through the process to ensure landlords meet their obligations.
By understanding your responsibilities and acting promptly, you can ensure your rented home remains safe, healthy, and comfortable—free from the stress and risks of damp and mould.
