Damp and mould aren’t just unsightly — they pose serious health risks and can quickly land landlords in legal trouble if they're not properly addressed. They can also create costly structural problems in properties if they're not handled thoroughly and early on. With updated regulations coming in under the Renters' Rights Bill, it's never been more important for landlords to understand their responsibilities. Here's an introductory guide to damp and mould in rental properties, but if you would like further support you can always speak to our experienced lettings team.
Damp and mould become a serious problem in properties if they're left untreated. Sometimes things happen - pipes leak, bad weather can damage the roof, and so forth - that’s to be expected. However, addressing these events quickly, so that they don't become long-term, or lead to mould in the walls, floors, and general fabric of the property, is essential. Aside from creating an unpleasant living environment, both damp and mould can cause serious problems, such as:
● Health risks including respiratory issues such as coughing, wheezing, shortness of breath, and worsening of asthma. Mould can also lead to allergic reactions, skin rashes, infections, and other serious issues.
● In addition to physical health problems, a damp and unhealthy home environment can have a negative impact on a tenant's mental wellbeing.
● It can cause deterioration of property value and safety through weakened materials, including rotting woodwork and crumbling plaster.
● With growing tenant awareness and legal infrastructure in place to protect tenants, failure to address damp and mould can also lead to costly penalties.
These dangers were highlighted at their most acute in the case of Awaab Ishak, who died at the age of two due to prolonged exposure to mould in his social rented home in Rochdale in December 2020. This led to ‘Awaab’s Law’, which was introduced for social housing through the Social Housing (Regulation) Act 2023. In the upcoming Renters’ Rights Bill, it will be extended to privately rented homes.
Damp and mould are typically the result of three things:
● Penetrating damp: When water seeks through the walls or roof from damage to the outside of the building
● Rising damp: When water rises up from the ground, appearing as tide marks on walls or peeling paint - often as a result of a failed damp proof course at the property.
● Condensation: When humid air inside a property turns to water when it is in contact with cold surfaces (like windows and walls). It often results from poor ventilation or inadequate heating.
There are some causes of damp which are easily avoided by tenant actions, while others are overcome by property maintenance and repair. For example, key things that can lead to damp include:
● Leaking pipes and roofs: This is the responsibility of landlords and can be easily resolved with regular property checks and timely repairs.
● Blocked gutters: Clearing the gutters regularly, so that they don't become blocked and lead to damp, is the landlord's responsibility, but tenants should report any issues quickly.
● Poor insulation: It is the responsibility of the landlord to make sure a home is properly insulated. This will contribute to the property's Energy Performance Certificate (EPC) rating, which currently needs to be E or above in a rental property, but will have to achieve an EPC rating of C or higher by 2030 as part of proposed plans.
● Inadequate ventilation: Similarly to insulation, ensuring the property has adequate ventilation is the responsibility of the landlord.
● Clothes drying inside: While landlords must make sure that properties have adequate ventilation, heating, and insulation, how they are used is also important. For example, tenants should ensure that if they are drying clothes inside, then ventilation provisions are used to ensure condensation and damp don't build up.
● Not using extractor fans: Similarly, extractor fans in spaces that can develop damp - such as bathrooms - should be used when showers and baths are on to avoid condensation and mould developing where possible.
Landlords in both the private and social sector need to adhere to a number of rules and regulations around home safety, particularly when it comes to damp and mould.
The key points of legislation are:
● The Housing Act 2004, which says that properties must be free from hazards at the most dangerous ‘category 1’ level - this includes damp and mould.
● The Environmental Protection Act 1990, which, the Government website says "gives tenants and local councils powers to take legal action where homes contain a ‘statutory nuisance’, which includes where they are in such a state as to be prejudicial to health."
● The Landlord and Tenant Act 1985 and Homes (Fitness for Human Habitation) Act 2018, which require "that properties are free of hazards, including damp and mould, which are so serious that the dwelling is not reasonably suitable for occupation in that condition"
● Minimum Level of Energy Efficiency standard, by which properties must have an EPC rating of band E.
In addition, the upcoming Renters' Rights Bill will see the introduction of a renewed Decent Homes Standard (DHS), which will outline the minimum expectation for a property's standards, so that those inhabiting it can be considered to have decent living standards. That includes a notable extension of Awaab’s Law into the private rental sector. An important part of the law looks at the timeframes in which maintenance and repairs should be carried out for different issues at properties. For example, hazardous problems like damp and mould have very specific timescales attached to them, this includes investigating and fixing dangerous, emergency issues within 24 hours.
There are different penalties for different aspects of non-compliance in this space, all of which can add up. Local councils are equipped with powers to investigate and issue fines, ultimately putting landlords at risk of prosecution.
For example, if properties don't meet the minimum energy efficiency standard of EPC E, local councils can serve landlords with a compliance notice. A breach can result in a financial penalty of up to £5,000.
The Housing Act 2004 is also enforced by local councils who can issue legal notices for improvements, prohibiting use of the property or taking action to do work and charging the landlord. Landlords can also face prosecution and a potentially unlimited fine set by the Magistrates’ Court, as well as a financial penalty of up to £30,000 set by the local council.
In addition, under the Renters' Rights Bill there are increased processes for enforcement, investigation, and penalties. Local councils are being given a range of new powers to check and enforce standards or to take action against anyone who doesn't comply.
This includes:
● A civil penalty of up to £7,000 for initial or minor non-compliance
● A civil penalty of up to £40,000 for serious, persistent, or repeat non-compliance
● Serious, persistent or repeat non-compliance may also lead to a criminal prosecution
● Failure to comply with ombudsman decisions may lead to landlords being expelled from the Private Rented Sector Landlord Ombudsman scheme, followed by possible fines and penalties from the local council
● Rent repayment orders (RROs) may also mean tenants can seek repayment of rent from their landlord if they don't comply with the Renters’ Rights Bill
Landlord responsibilities are fairly straightforward, but it's important to carry them out with a view to preventing any problems going unnoticed and unchecked, as well as to maintain good relationships with tenants so they make sure to alert you as soon as possible if there's a leak or a problem. Landlord responsibilities are:
● Maintain a safe, habitable home free of hazards including damp and mould
● Investigate complaints promptly
● Carry out repairs (especially to structural issues like leaks or poor insulation)
● Ensure adequate ventilation and heating
● Respond to tenant reports in a reasonable timeframe
● Keep documentation of inspections, repairs, and communication
A responsible approach to property checks, coupled with a good relationship between the tenant should create the best balance for avoiding damp and mould, or rectifying it quickly. For best practice, we recommend the following. It is the same process our own lettings team provides for landlords who prefer to outsource property management to our experts:
● Conduct regular inspections
● Provide tenants with a welcome pack explaining how to reduce condensation
● Invest in ventilation solutions (trickle vents, extractor fans)
● Use damp-resistant paint during renovations
● Keep written records of all communications and repair actions
● Partner with trusted contractors for quick turnaround
● Educate tenants and work with them for a harmonious relationship
Even with the best processes in place, you may sometimes get complaints because sometimes things happen. Here's a step-by-step response guide for resolving the issue and keeping your tenant fully informed:
● Acknowledge the complaint within 24 to 48 hours
● Arrange an inspection as soon as possible
● Identify the root cause of the problem
● Carry out necessary repairs
● Follow up to confirm the issue is resolved with details as to what it was, what work was carried out, and what the outcome was
● Keep a written and photographic record of all actions and communications
Chestertons is the premier London lettings and estate agency with more than 200 years’ experience and a team of experts offering a range of services from a full-time compliance department to valuations and management, for both long- and short-term lets. If you would like to find out more about working with Chestertons contact your local Chestertons letting agent at any time.