Damp and Mould: The Rules Have Changed for Landlords

For decades the standard landlord response to mould was "it's condensation — heat and ventilate". That era is over. After the death of two-year-old Awaab Ishak from mould exposure in 2020, "Awaab's law" imposed fixed response timescales on social landlords — and the Renters' Rights Act extends the approach into the private sector. Damp and mould are now treated as a health hazard with deadlines, not a lifestyle debate.

Know which damp you are looking at

• Rising damp: ground moisture wicking up walls — tide marks on lower walls, salts. Structural: failed or bridged damp-proof course. Unambiguously the landlord's to fix.
• Penetrating damp: water getting in — leaking roofs, gutters, cracked render, plumbing. Patch-shaped stains that grow when it rains. Also structural, also yours (see repair responsibilities).
• Condensation: warm moist air meeting cold surfaces — black spot mould in corners, behind furniture, around windows. Causes are a mix of building factors (insulation, cold bridging, ventilation) and occupation factors (drying clothes indoors, unused extractors) — which is exactly why "tenant lifestyle" is a partial explanation at best, and why enforcement now expects landlords to address the building side first.

What the tightening rules expect

The direction of travel is concrete: investigate reported hazards within fixed periods, start remediation of significant damp and mould quickly, complete works promptly with the tenant informed in writing throughout. Private-sector timescales phase in through 2026–27 — but conduct is already judged against fitness-for-habitation duties and the housing hazard system, under which councils can serve improvement notices and tenants can sue directly. The safe operating assumption: treat every damp report as a clock already running.

Remediation that actually works

Symptom-washing (mould spray and a repaint) guarantees a repeat report. Fixing causes: repair the leak or DPC first; then ventilation — working extractor fans in kitchen and bathroom (humidity-triggered ones remove the human factor), trickle vents open; then thermal — insulate cold walls where feasible; and honest advice to tenants about drying and airing, delivered as part of the fix rather than instead of it. Document everything: photos, contractor reports, completion dates. If mould keeps returning to a well-ventilated, adequately insulated property, get a surveyor's damp report — £150–£300 buys a cause diagnosis and, incidentally, strong evidence of you taking the duty seriously.

The bigger picture for your portfolio

Damp complaints correlate with the coldest, least efficient properties — the same stock facing EPC minimum-standard pressure. Insulation and ventilation upgrades serve both agendas at once, and a property that stays dry is cheaper to run, easier to let, and generates none of the disrepair leverage that complicates possession claims. Damp is one of the few compliance areas where the right response is also straightforwardly the profitable one.

This is general information about the law in England, not personalised legal advice — Scotland, Wales and Northern Ireland have different rules, and landlord law changes regularly (some areas covered here are under active reform). For anything that affects a real tenancy, check GOV.UK for the current position or speak to a solicitor or a body like the National Residential Landlords Association (NRLA).