Landlords are responsible for keeping the property in repair and fit to live in, which includes fixing leaks, structural damp and inadequate ventilation or heating. Tenants are responsible for living in the property reasonably, such as using fans and heating and reporting problems promptly. The fair answer comes from finding the actual cause.
This is one of the most common arguments I walk into. The landlord says the tenant is drying washing everywhere and never opens a window. The tenant says the house is cold, the fan doesn’t work and the wall’s been wet for months. Quite often they’re both partly right.
What the landlord is responsible for. In England, landlords have legal duties to keep the structure, exterior, heating and water installations in repair, and to make sure the home is fit for human habitation. Damp and mould is one of the hazards councils assess under the Housing Health and Safety Rating System. In practice that means fixing leaks, penetrating damp, rising damp and defective gutters, and providing adequate heating and ventilation such as working extractor fans in kitchens and bathrooms. For social housing, Awaab’s Law now sets timescales for investigating and fixing damp and mould hazards. The government has consulted on extending it to private rentals, so private landlords should keep an eye on that.
What the tenant is responsible for. Using the property in a reasonable way: using the extractor fans and heating that are provided, not blocking vents, ventilating when cooking and showering, wiping down condensation, and reporting damp, mould and leaks to the landlord promptly, in writing, with photos.
Why diagnosis matters. Telling a tenant to ‘open a window’ won’t fix a leaking gutter, and fitting a new DPC won’t stop condensation from a household with no working fan. A proper inspection looks at the building, the heating and ventilation, and how the home is being used, and gives both sides something fair and factual to work from.
If you’re a tenant and your landlord isn’t dealing with it, keep a record and put your complaint in writing. If that doesn’t get anywhere, contact your local council’s private housing or environmental health team. Social housing tenants can also go to their landlord’s complaints process and then the Housing Ombudsman.
If you’re a landlord, deal with reports quickly, get the cause diagnosed, fix what’s yours to fix, and give the tenant clear, practical advice in writing.
This is general information, not legal advice. The rules differ across the UK and are changing, so check the current position for your situation.
When to call a specialist
Whether you're a landlord or a tenant, an independent condensation or damp survey gives you a clear written cause and a fair way forward. Book a survey with All Dry on 01226 287181 or email info@alldrydampproofing.com.
Frequently asked questions
Can a landlord blame a tenant's lifestyle for mould?
Only if the building is in good repair with adequate heating and ventilation; the cause needs to be properly investigated first.
What should a tenant do about mould?
Report it to the landlord in writing with photos, and contact the local council if it isn't dealt with.
Does Awaab's Law apply to private landlords?
It currently applies to social housing; extending it to private rentals has been consulted on, so check the latest position.