Damp and Mould in Rented Property – Who’s Responsible, the Tenant or Landlord?

Condensation is the most common cause of damp in rented properties. It happens when moisture in the air lands on cold surfaces, causing water droplets to form, which can result in mould growth. Cases of damp and mould are common in the private rented sector.

Period properties can be particularly susceptible, as you may have found if you rent out a property in Belgravia, Marylebone, Notting Hill or Fulham. But who is responsible for dealing with damp and mould in rented property – the landlord of the tenant?

In this article, we look at the causes of damp and mould, whose responsibility it is and how to deal with it – along with the question of tenants’ rights.

How Can Damp and Mould Be Identified?

Damp is the build-up of moisture which can lead to mould forming inside the property, such as black mould on the ceiling above a window or mould on skirting boards.

• Is there black mould growth on the walls, ceilings or skirting boards?
• Does the atmosphere feel cold?
• Are there signs of water or condensation on the windowsills?
• Are there damp patches on the walls indicating a problem with damp?
• Or it might be that paintwork is discolouring or mould under wallpaper or plasterwork is peeling away?

These are all ways to identify damp in a property, and there are numerous things which can cause it.

1 Condensation

Condensation (atmospheric damp) is the most common cause of damp in rented properties, and it can be attributed to the landlord or tenant depending on the circumstances. It happens when moisture in the air comes into contact with cold surfaces, and which can then result in mould growth. It can be caused by tenants failing to ventilate or heat their home correctly. Another instigator is poor insulation, together with faulty heating and ventilation systems – the latter being the responsibility of the landlord.

On the plus side, condensation can be dealt with reasonably easily (although it does need to be managed over a certain length of time). First though, it’s important to identify what is causing the wet looking spots on walls in the first place.

Common signs of condensation:

• Damp walls
• Visible condensation on windowpanes
• Water droplets on the windowsill
• Black mould around the windows or on walls

Want to know more? Read about what an Energy Performance Certificate is and how to improve your EPC rating.

2 Rising Damp

Rising damp occurs when moisture beneath a building is soaked up into the bricks or concrete, an area which is the landlord’s responsibility to maintain. As a result, it’s only found on the ground floor. All buildings should have a damp proof course, consisting of a layer of water-proof material aimed at preventing rising damp.

When this fails (e.g. it’s been damaged due to recent work on the building) then damp can occur inside the property, causing mould on wallpaper and other areas, which can be very difficult to remove. Thankfully, rising damp and mould in rental property is not a particularly common problem.

Damp and mould caused by rising damp is not down to the tenant to fix.

Common signs of rising damp:

• Tidemarks around the walls at ground floor level
• Signs of salt deposits
• Damp wallpaper
• Damage to skirting boards and flooring

3 Penetrating Damp

Penetrating damp is caused by leaks allowing water into the property, for instance, missing roof tiles, broken window frames or faulty plumbing. The wet conditions allow surface mould to grow, with the result black mould on the outside of the house becomes visible.

It’s easier to deal with than rising damp, provided you can identify the source.

Penetrating damp is usually a structural issue, so it is the landlord who should be the one to deal with it.

Common signs of penetrating damp:

• Salting, or salt residue
• Warped or damaged plaster
• Peeling paint or damp wallpaper at any height
• Rotten woodwork or floorboards
• Cracks in the exterior walls

The Health Risks of Living with Mould

You may be wondering: ‘Can a damp house make you sick?’ Mould and fungus on walls can be a significant health hazard, and it can adversely affect health when there is lots of it – especially in children and the elderly whose immune systems are weaker.

If it’s in a bedroom then you have to consider the effects sleeping in a damp room will have on the occupants.

The mould fungi can be inhaled or come into contact with skin causing:

• Difficulty breathing and asthma attacks
• Skin irritation and rashes
• Allergic reactions
• Infections such as sinusitis

As such, it’s a serious health and safety issue, and the Housing Act 2004 and Homes (Fitness for Human Habitation) Act 2018 state that landlords must keep their properties free of health hazards.

In 2023, the rules on damp and mould in private rented property were significantly tightened with the publication of a report on this Housing Health and Safety Rating System (HHSRS) environmental health hazard. This included a legal framework and best practice guidance for landlords.

Is Mould the Landlord’s Responsibility?

Section 11 of the Landlord and Tenant Act 1985 states that it is the landlord’s responsibility to resolve damp and mould issues caused by structural faults. If a surveyor finds rising damp or penetrative damp, this is up to the landlord to put right.

However, even condensation and atmospheric damp can be caused by poor insulation, or faulty heating and ventilation systems. These would also be considered structural issues and so are the responsibility of the landlord. Determining whether mould caused by condensation is due to the tenant’s lifestyle habits or structural issues with the property can be tricky.

Here are two key landlord responsibilities regarding mould in rented property:

1 Making the home ‘fit for human habitation’

The Homes (Fitness for Human Habitation) Act 2018 is an amendment to the original 1984 bill which was introduced in spring 2019. It outlines that the landlord must make sure the property is habitable and safe to live in. That means repairing such items as faulty heating, leaking window frames, broken extractor fans and wall cracks etc. – all of which can be major causes of damp in rented property.

2 Responding to tenant queries about mould promptly

It’s also worth remembering that, according to the Deregulation Act, a tenant who writes to their landlords complaining about mould and damp must be replied to within a decent timescale. The problem must then be investigated and any necessary repairs carried out.

When is damp & mould the tenants responsibility?

While it’s difficult to identify the cause of condensation and mould, the way the tenants live in the property can make things better or worse. For example, if a landlord has a survey for damp on the property and finds no structural/ventilation issues, then tenants might be causing the problem by:

• Drying clothes indoors
• Showering and not opening the window
• Cooking without opening the window
• Not heating the property sufficiently

Reporting mould to the landlord

If you are a tenant who has spotted mould or damp in your rental home you must tell your landlord straight away. The landlord will arrange an inspection to identify the cause of the damp and mould and carry out any repairs they are responsible for.

He or she will probably be grateful for you alerting them to the issue, as the longer it goes on the more damage it can do, and the more expensive to fix.

Want to find out more? Take a look at the Renters’ Rights Act 2025 and flexible tenancies.

Condensation and Mould: Advice for Tenants

Tenants are expected to properly ventilate and heat the property so that damp doesn’t build up. This is sometimes called ‘acting in a tenant like manner’. Landlords shouldn’t make unreasonable demands. For example, requiring clothes to be dried outside when there is no access to outdoor space.

Everyday activities like cooking, showering and drying clothes create moisture that can lead to condensation.

Tenants can help reduce damp and mould by:

• Covering pans when cooking
• Wipe away dampness and water droplets
• Using extractor fans in kitchens and bathrooms
• Closing internal doors when cooking or showering
• Leaving a gap between furniture and external walls
• Drying clothes outdoors or use a vented tumble dryer
• Opening bedroom windows for 5-10 minutes in the morning
• Keeping the property adequately heated. It usually helps to have a low background temperature of at least 15 degrees in all rooms.
• Use a dehumidifier to draw moisture out of the air

Advice on removing black mould

When you take on damp and black mould in a rented property, shortcuts could make the problem more severe. Here are some steps to clear and prevent it, and the actions you should avoid.

Do:

• Move furniture to uncover mould that’s not immediately obvious
• Kill the mould by cleaning the affected area with specialist products
• Use anti-mould paint to prevent black mould from coming back
• Make regular checks for signs of mould returning
• Call in an experienced contractor

Do not:

• Use regular cleaning sprays, which may encourage mould growth
• Try to paint over it – this won’t kill the mould, and may allow it to worsen

Preventing Mould: Advice for Landlords

For landlords, dealing with damp issues will minimise the risk of mould growing in your private rented properties. If damp is suspected, call in a surveyor to investigate. Dealing with the problem promptly could save money on maintenance in the long run. The issue must be dealt with at source – a DIY clean-up job on its own will not suffice, as the damp will reappear.

Here are some ways to prevent mould in your property:

• Ensure the property is well ventilated
• Check that trickle vents are open and unobstructed
• Maintain gutters and roofs to prevent leaks
• Ensure all plumbing is in good working order
• Repair any rotten window frames
• Improve the insulation of the property
• Install extractor fans in the bathrooms
• Repair or replace faulty damp proof course

Frequently Asked Questions

1 Can Tenants Withhold Rent for Mould?

If the landlord won’t make the necessary repairs you should continue to pay your rent otherwise you could be subject to repossession or eviction.

If your landlord refuses to undertake a repair or will not respond to you, you can contact your local authority who will carry out an inspection of your home and can order your landlord to carry out repairs or improve conditions.

2 Can a Landlord Deduct Deposit for Mould?

If there is mould in a property at the end of a tenancy, that was not there at the start, landlords can deduct money from the deposit if it can be proved that the mould was caused by the actions of the tenant and is above the level of ‘fair wear and tear’.

3 Is Mould Considered Normal Wear and Tear?

This will depend on the cause of mould. If there is evidence that the mould has been caused by the negligence of the tenants and advice and regular maintenance has been supplied by the landlord, then compensation can be claimed.

4 Can I End My Tenancy Early Due to Mould?

You need to end your tenancy correctly if you decide to move out. If you don’t, you could still have to pay rent after you leave. Check your tenancy agreement to see if you have an early break clause.

5 Can tenants claim compensation for mould and damp from a private landlord?

Tenants can claim compensation for damp or mould in a private rented property if your health suffered, caused you expense, or belongings were damaged. You can also claim compensation if areas, or indeed the entire property, weren’t fit for habitation due to damp and mould.

And Finally

For more information on letting property in central London, Hyde Park, Paddington, Knightsbridge, Marble Arch or South Kensington, call our agents today.

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