Damp and mould are frequent problems in rental accommodations in the UK, with tenants and landlords having to deal with the issue at least at one point in their lives. In the past, there was conflicting opinion on how – and who – should be dealing with damp and mould in a rental property. After the tragic death of a toddler in Greater Manchester in 2020 due to persistent exposure to black mould, the laws have changed in the UK when it comes to remediating black mould in rental accommodation.
Damp vs Condensation
Condensation: The process where gas turns into a liquid. Condensation happens in homes when warm water vapor cools once it comes into contact with a colder surface. The biggest culprits in homes are from steam during cooking and showering – two things that literally cannot be helped. For tenants, ensuring the area is well ventilated during and after making food and bathing is key to reducing the amount of condensation, but areas might not be well ventilated and can still cause damp and mould to occur over a longer timeframe.
Damp: Damp is essentially moisture that has become “trapped” within a property. Condensation is one type of damp, but damp can arise from a couple of ways.
- Penetrating damp is caused by water entering the building from the outside, often referred to as “water ingress”. It is likely to arise from structural defects around a property that allow for water ingress; common causes are usually leaking roofs, cracked walls, damaged gutters, and faulty windows. Signs you have penetrating damp in your property include damp patches which are noticeable worse after it has rained, peeling paint and wallpaper, and water stains.
- Rising damp occurs when moisture from the ground rises when the damp proof course (a barrier near the base of the walls that is designed to prevent damp) is absent or damaged. Signs of rising damp include damp patches on the inside of the wall (often feeling slightly damp and cold), tide marks on walls, ruined plaster, and salt deposits.
Who is Responsible for Damp in Rented Accommodation?
Every landlord has a legal obligation to provide a property that is safe, healthy and free from harmful substances that could endanger another person’s physical health. Laws have changed in recent years and now landlords are held responsible for issues pertaining to rising and penetrating damp – and issues from damp and mould.
After the tragic death of Awaab Ishak, the government reviewed and changed the laws regarding the Social Housing (Regulation) Act 2023. It was spurred after the tragic death of Awaab Ishak, a toddler living in a rented flat. His death was a result of a severe respiratory condition which was heavily exacerbated due to the prolonged exposure to black mould in his home, which coroners had found had inadequate ventilation and was not fit for regular living activities, which led to extremely high levels of damp and condensation. The parents of Awaab had repeatedly asked the council and the landlord to fix the issue but were routinely ignored.
The law now stipulates that social landlords have to address all emergency hazards and all damp and mould hazards that present significant risk of harm to tenants within fixed timeframes. The law came into play in October 2025, and has since been expanded for landlords to have to also remediate issues to do with excess cold and excess heat, which can also cause severe condensation and damp.
If a tenant reports condensation, damp and mould, as a landlord you are legally required to act as fast as possible. Any emergency hazards must be investigated within 24 hours, with any work also taking place within the same 24 hours. Any potentially significant hazards must be investigated within 10 days of becoming aware of them. The landlord must also undertake any relevant safety work within 5 working days of the investigation concluding, if the investigation identifies a significant hazard.
The landlord must also begin, or take steps to begin, any supplementary preventative work to prevent a significant or emergency hazard recurring within 5 working days of the investigation concluding, if the investigation identifies a significant or emergency hazard. If steps cannot be taken to begin work in 5 working days this must be done as soon as possible, and work must be physically started within 12 weeks.
As a landlord, you are also legally obligated to keep the tenant updated throughout the process and provide information on how to keep safe.
If Your Tenants Discover Damp
As a landlord, it is your legal responsibility to provide a home that is fit to live in to tenants. If damp and mould arise as a direct result from cracked and defective masonry or plumbing, it is your obligation to take action as fast as possible. However, there are some steps you can take to prevent future occurences.
The very first step to take is the inverse of our first advice to renters. At the showing stage of renting a property, it will be vital for you to take photos of your property before anyone has resided within it. It’s a good way to check the property for any problems with existing damp. Another good step is to have the property professionally surveyed to find any potential faults prior to a tenant moving in. Keep records with photographic evidence, and have them shown to your tenants as part of any contract, with them accepting the state of the property before their habitation as fact.
Condensation is a side effect of life, and it really cannot be avoided. However, simple steps can be taken to make sure that a build up of condensation within a property doesn’t lead to damp. Installing extractor fans or other ventilation systems can go a long way in channelling humid air away from a property, removing the threat of damp arising from condensation significantly.
In some situations though, a tenant’s actions might be too much for ventilation you have installed to manage. It’s at these times you might find that interstitial condensation has taken its toll, and now your property has become infested with damp.
Here, you will have a solid case to pass on the costs of surveys and damp removal to your tenant, as with your wealth of evidence and measures in place to remove condensation effectively, you have done everything reasonable to avoid condensation turning to damp, yet the tenants lifestyle have allowed it to take hold all the same.
Now, in some other instances condensation can occur not because of tenant actions, but because of faults in the property itself. Leaking pipes, faulty ventilation methods, stuck heating – all of these factors can contribute to condensation occurring and affecting the property itself.
This is why it is vitally important to stay on top of your properties maintenance, as what might seem an insignificant failure at first can quickly snowball into something much larger. In these instances, you will be responsible for the treatment of the damp, as well as any costs incurred.
In order to make sure that the time of repairs is minimal, and that any disruption in your clients life is also kept to as short as possible, it’s important to act on damp as quickly as possible. Be sure to listen to any complaints from your tenants carefully, and act quickly to avoid mounting issues.
If You Discover Damp Whilst Renting
Damp and mould are pervasive and common problems in any home and can be particularly aggravating and even dangerous for renters. It’s important to know your rights and what to do when it does appear. Firstly, be thorough in your initial viewing of any property. Make sure that if you are seriously considering, or are in the process of agreeing to a tenancy agreement, that you take photos of the property and any damage / marked surfaces as they are before you move in.
This includes the likes of damp and mould. Be sure to stay on the lookout for tell-tale black mould, hygroscopic salts coming through paint, wet looking patches on walls and for the signature musty smell of damp itself.
If you spot any of these during the viewing process, bring it up with your letting agent as soon as possible. Make them aware that the issue exists, and if you are still interested in the property make inquiries into how the damp and its side effects will be treated.
If you happen to notice damp appear during your tenancy then your approach should be a little different. Make a note of the time and date you noticed the damp, and also take a photo at this time. Continue to monitor the damp itself, making a note if it gets worse in the rain or humid weather, if household activities like baths, showers, cooking or washing affect the damp, if it’s affected by temperature, as well as numerous photos to corroborate your notes. This is all helpful in figuring out what the source actually is and can help for the problem to be resolved faster. Once you’ve got enough evidence, contact your landlord to get permission for a damp survey to be done.
At this stage, a qualified surveyor will be able to identify the exact type of damp within your property, which should enlighten all parties involved as to whether the damp is the cause of condensation, or a problem that needs more extensive solutions.
For Tenants
Rules surrounding damp and mould have considerably changed since Awaab’s Law.
While landlords are solely responsible for resolving issues associated with damp and mould in your rented home, you can help to mitigate and prevent it as much as possible by taking some steps:
- Showering with the bathroom window open to reduce steam
- Having a window or door open in the kitchen during cooking
- Limiting drying clothes inside as much as possible, or opening a window and keeping the area well ventilated while you do
- Keeping your home warm in winter, whilst also keeping it ventilated where possible
- A de-humidifier is also a great tool to use in rooms that struggle with persistent damp
- Calling your landlord when you notice damp and mould and straight away
A Tenants Rights Regarding Damp and Mould
If you are renting a property, then you can live in comfort knowing that your rights regarding damp and mould are set out clearly in the Homes (Fitness for Human Habitation) Act 2018. In short, it is a landlord’s responsibility to ensure that any property is fit for habitation, which by definition means providing a property that is safe, healthy, and free from anything harmful to a tenants health.
As a tenant, you are responsible for reporting the damp discovered to your landlord at the earliest opportunity. If they fail to respond or act, that is when you can contact your local council and request to be put in contact with the environmental health department, who will be able to fight in your corner and help you have the problem resolved.
Need Help With a Damp and Mould Problem?
If you have discovered damp within your rented accommodation, and would like the property surveyed with minimal disruption, then you need to contact Timberwise today.
Call us on 0800 288 8660 or request a free survey online, and we will be able to advise the best course of action for you, as well as arrange a convenient time at which to investigate and survey your property.
