Check if damp or mould in your home breaches your rights.
Review severity, duration, likely cause, landlord awareness, response, health impact, and vulnerability factors.
Scope of this checker
Covers damp and mould severity, duration, likely cause, reporting, landlord response, health impact, and council escalation indicators in England. It cannot diagnose the physical cause of damp.
Free checkers
- Checker hub
All free tenant rights checkers for England. - Damp and mould rights
Your rights when a landlord fails to fix damp or mould, including Awaab's Law duties. - Awaab's Law explained
What Awaab's Law requires, when it applies, and what tenants can do.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Landlord and Tenant Act 1985
Primary statute for core landlord repair duties, including structure, exterior, installations, heating, water, gas, and sanitation. - Homes (Fitness for Human Habitation) Act 2018
Primary statute adding a fitness-for-human-habitation duty for rented homes in England. - Housing Act 2004
Primary statute for tenancy deposit protection, HMO licensing, and local authority housing hazard enforcement. - GOV.UK: repairs in private renting
Government guidance on landlord repair responsibilities and what tenants can do when repairs are not carried out. - Shelter England: repairs
Independent housing charity guidance on repair duties, evidence, and escalation when a landlord does not act.
Common questions
- Is mould always the landlord's responsibility?
- No. If the cause is structural (leaks, failed damp-proof course, poor insulation), the landlord is usually responsible. If it is purely tenant condensation in a well-ventilated, well-heated property, they may not be. In practice, the cause is often a mix of both, and a landlord cannot simply blame tenant lifestyle when the building itself is deficient.
- What if it is just condensation?
- Condensation mould can still be the landlord's problem. If the property lacks extractor fans, adequate heating, or sufficient ventilation, the building is contributing. The landlord's duty under the Homes (Fitness for Human Habitation) Act 2018 covers damp as a fitness factor regardless of tenant behaviour.
- What should I do first?
- Report it to your landlord in writing. Describe the problem, when it started, which rooms are affected, and any health impact. Take dated photos. Written notice is still important, but the Homes (Fitness for Human Habitation) Act 2018 also gives tenants a direct right where the home is unfit, so the case does not depend only on waiting for the landlord's repair timeline.
- When can I escalate to the council?
- If your landlord has been notified and has not acted within a reasonable time, you can contact the council's environmental health team. They have powers under the Housing Health and Safety Rating System (HHSRS) to inspect and require the landlord to carry out works. If the home is unsafe or unfit, you may also have a direct county court claim under the Homes (Fitness for Human Habitation) Act 2018 rather than only a council route.
- Is this tool legal advice?
- No. This tool provides general information based on UK housing legislation. If damp or mould is affecting health, contact the council environmental health team and seek medical advice.
Use the interactive checker on getrentersrights.com for the full step-by-step result.