Damp and mould landlord responsibility in rental properties

In England, landlords should treat damp and mould as a health risk and respond with urgency. Government guidance says you should assess the severity, remove mould (using a qualified professional when appropriate), and tackle the underlying cause, not just clean the surface. You should also tell the tenant what will happen and inspect again at least 6 weeks after work.

Why damp and mould complaints need urgency

Government guidance for rented housing providers links damp and mould directly to health harm. It says damp and mould primarily affect the airways and lungs, but can also affect the eyes and skin. It also warns that the respiratory effects can cause serious illness and, in the most severe cases, death.

The same guidance links damp and mould to mental health impacts too. It explains that worries about health impacts, unpleasant living conditions, and destruction of property and belongings can all play a part.

The guidance was produced following an inquest into the death of Awaab Ishak, who was 2 years old. The Coroner concluded his death was the result of a severe respiratory condition due to prolonged exposure to mould in a home with inadequate ventilation. The point for landlords is not the headline, it is the lesson. Respond quickly, take the report seriously, and focus on removing the risk to the tenant.

Who is most at risk from damp and mould?

The guidance says everyone is vulnerable to the health impacts of damp and mould, but some people face a higher risk of more severe health impacts. It specifically highlights people with certain health conditions, children and older adults.

It also explains why damp alone matters. Damp and mould can produce allergens, irritants, mould spores and other toxins that are harmful to health. Even if visible mould is not present, dampness alone can increase the risk of health problems.

Because health impacts can escalate with time, the guidance is clear that the more serious the damp and mould problem and the longer it is left untreated, the worse the health impacts and risks are likely to be.

What does the guidance say landlords should do when damp or mould is reported?

The government guidance sets out practical actions for responding to reports of damp and mould. The emphasis is on sensitivity, urgency, documentation, and fixing root causes.

• Respond sensitively and assess the issue with urgency to identify the severity of the damp and mould and potential risks to tenants.
• Always tackle the underlying issue promptly, and act with urgency when concerns have been raised about tenant health. The guidance says you should not delay action to await medical evidence or opinion, medical evidence is not a requirement for action.
• Ensure tenants are informed about the steps that will be taken to remove mould and address any underlying issues and the timeframes for the work.
• Prior to the removal of the mould, photograph and document the location of the mould, to help identify the source.
• Remove the mould, to address the health risk to tenants, using a qualified professional when appropriate.
• Identify and tackle the underlying causes of damp and mould, including building deficiencies, inadequate ventilation and condensation. The guidance says simply removing surface mould will not prevent the damp and mould from reappearing.
• Inspect the home at least 6 weeks after remedial work has been carried out, to ensure that the issue has been fixed and damp and mould have not reappeared. If damp and mould have reappeared, it says further investigation and intervention should be pursued.

Two points in that list are easy to miss when you are under pressure. First, do not make progress conditional on the tenant providing a doctor’s letter. Second, plan the follow up visit at the start, not as an afterthought, because damp and mould often come back if the underlying cause is not fully dealt with.

What are a landlord’s repair responsibilities when a property has mould?

Where mould is present, you still need to think in terms of repairs, meaning what parts of the building or services must be kept in repair. The GOV.UK private renting repairs page sets out a list of items a landlord is always responsible for repairing.

Your landlord is always responsible for repairs to:

• the property’s structure and exterior
• fire safety issues
• basins, sinks, baths and other sanitary fittings including pipes and drains
• heating and hot water
• gas appliances, pipes, flues and ventilation
• electrical wiring
• any damage they cause by attempting repairs

In practice, damp and mould investigations often touch heating, hot water and ventilation, or issues with the structure and exterior. The guidance on damp and mould also flags that works to heating and ventilation systems and replacement of windows are all controlled work, and says that when undertaking controlled work, landlords must comply with the Building Regulations 2010.

How to handle communication with the tenant

Communication is part of fixing the problem. The damp and mould guidance says you should ensure tenants are informed about the steps that will be taken to remove mould and address any underlying issues, and the timeframes for the work.

It also sets expectations on tone and urgency. It says landlords should respond sensitively. That matters because tenants may be worried about their health, their children’s health, or whether they will be blamed for the problem.

If a tenant is worried about symptoms, the guidance says landlords should advise any tenant who is concerned about the symptoms they are experiencing to consult a healthcare professional. It also repeats that you should not delay action to await medical evidence or opinion, because medical evidence is not a requirement for action.

What “fix the cause, not just the mould” means in practice

The guidance is explicit that simply removing surface mould will not prevent damp and mould from reappearing. It says you should identify and tackle underlying causes, including building deficiencies, inadequate ventilation and condensation.

That underlying cause language is helpful because it keeps you focused on investigation, not blame. A sensible way to apply it is to treat every report as a two track job:

• Reduce the immediate health risk by removing mould (using a qualified professional when appropriate).
• Stop it coming back by identifying and tackling the underlying cause (for example building deficiencies, ventilation problems, or condensation risks).

The same guidance also recommends photographing and documenting where the mould is before removal. That is a practical step that can help you or your contractor spot patterns that point to the source.

When and how to follow up after remedial work

Follow up is part of the response, not an optional extra. The guidance says you should inspect the home at least 6 weeks after remedial work has been carried out, to ensure the issue has been fixed and damp and mould have not reappeared.

If damp and mould have reappeared, it says further investigation and intervention should be pursued. That might mean reviewing whether the original diagnosis was correct, whether all contributing factors were addressed, or whether additional works are needed. The guidance does not prescribe exactly what those interventions should be, but it is clear that you should not stop at a surface clean.

What a proactive approach looks like for small landlords and agents

The guidance says landlords, irrespective of whether they own one or multiple homes, should adopt a proactive approach to identifying and tackling damp and mould. For a small landlord or an agent managing a few properties, that is mainly about having repeatable basics.

• Have clear processes in place to document, manage and act on reports of damp and mould, and to identify common issues and trends in your housing stock.
• Understand the condition of your homes and use this to adopt a preventative approach, making necessary interventions to ventilation, energy efficiency and building deficiencies before damp and mould occur.
• Understand that some homes are more difficult to heat, either due to their energy efficiency or cost of living pressures, and that this can make damp and mould more likely to occur. The guidance says landlords should consider what support they can provide or signpost tenants to.
• Support tenants to understand what they can do to reduce damp and mould, where applicable and appropriate. The guidance says this must never be a substitute for addressing the underlying causes of damp and mould.
• Ensure staff and contractors are aware of the significant health risks, and the need to address underlying causes, not just remove visible mould.
• Build relationships with tenants, ensuring tenants feel encouraged to report damp and mould.

Keeping records, photos, agreed actions and follow up dates together helps you stay on top of this across a portfolio, even if it is only a small one. If you want a simple place to organise compliance tasks, you can use our landlord compliance check as a starting point.

What happens if repairs are not done, and who else can get involved?

From the tenant’s perspective, GOV.UK says that if a property needs repairs or has mould, they should contact their landlord straight away for faults that could damage health, for example faulty electrical wiring. It also says the landlord should tell the tenant when they can expect the repairs to be done, and that the tenant should carry on paying rent while they are waiting.

If repairs are not done, the same GOV.UK page says tenants can contact the environmental health department at their local council for help. It says they must take action if they think the problems could harm the tenant or cause a nuisance to others.

If a tenant thinks their home is unsafe, the GOV.UK page says they can contact the housing department at their local council. It says the council will do a Housing Health and Safety Rating System (HHSRS) assessment and must take action if they think the home has serious health and safety hazards.

The damp and mould guidance also notes that private and social landlords must adhere to a number of regulations related to damp and mould, and says a lack of compliance can place a landlord at risk of prosecution or financial penalties. It lists the Housing Act 2004, Environmental Protection Act 1990, Homes (Fitness for Human Habitation) Act 2018, Landlord and Tenant Act 1985, Decent Homes Standard, and the Minimum Level of Energy Efficiency standard.