Your landlord is refusing to fix damp - what are your options?

What the law says

Section 11 of the Landlord and Tenant Act 1985 makes the landlord responsible for repairing the structure and exterior and the installations for heating, water, and sanitation. Damp caused by leaking roofs, failed gutters, defective brickwork, broken windows, failed damp-proofing, plumbing leaks, or heating failures falls within that duty. Section 9A of the Landlord and Tenant Act 1985 requires the dwelling to be fit for human habitation throughout the tenancy.

Part 1 of the Housing Act 2004 gives the council enforcement powers through the Housing Health and Safety Rating System. Damp and mould are assessed as health hazards. Section 82 of the Environmental Protection Act 1990 can also be used where damp amounts to a statutory nuisance. These routes are separate from any rent arrears or possession dispute.

Step-by-step: what to do

1. Send a written repair request that identifies the damp, the rooms affected, and the suspected cause. Ask the landlord to inspect.

2. Attach photographs and explain the impact: smell, damaged clothes, damaged furniture, asthma symptoms, children affected, or rooms you cannot use.

3. Give reasonable access for inspection and repair, but ask for appointment times in writing.

4. If the landlord refuses or blames you without evidence, complain to Environmental Health and ask for a Housing Act 2004 hazard inspection.

5. If the problem continues, get advice about a disrepair or fitness claim. The court can order works and award compensation.

Common mistakes to avoid

Do not let the landlord reduce the issue to ventilation advice if the damp has a structural or repair cause. Do not repaint, throw away mouldy items, or clean everything before recording evidence. Do not ignore damp behind furniture or in bedrooms, because health risk matters. Do not withhold rent without advice; a better route is council enforcement, a damages claim, or a properly advised set-off.

• Do not accept blame without an inspection.
• Do not rely on verbal complaints.
• Do not miss council appointments.
• Do not delay if children, older people, or anyone with breathing problems is affected.

Related guidance

• Damp and mould checker
  Check whether damp creates repair, fitness, or council enforcement rights.
• Damp and mould rights
  Legal duties, health evidence, and compensation options.
• Council Environmental Health complaints
  How to ask the council to inspect and enforce damp repairs.
• HHSRS hazards in rented property
  How councils assess hazards such as damp, mould, and excess cold.

Common questions

Your landlord is refusing to fix damp - what are your options?

Your landlord must deal with damp when it comes from disrepair, building defects, poor heating, defective ventilation, or any condition that makes the home unfit. A refusal to inspect or repair is not the end of the matter. Put your complaint in writing, ask for a timetable, keep evidence, and escalate to the council's Environmental Health team. If the damp has caused loss, illness, or damaged belongings, you can also consider a county court claim.

Can the landlord refuse to fix damp if they say I caused it?

No. The landlord still has to investigate. If damp is caused by disrepair, building defects, heating problems, or poor ventilation, the landlord must repair the cause.

Can the council inspect damp?

Yes. Environmental Health can inspect under Part 1 of the Housing Act 2004 and can serve enforcement notices if damp or mould creates a hazard.

Can I take the landlord to court for damp?

Yes. A county court claim can seek repairs and compensation under section 11 and section 9A of the Landlord and Tenant Act 1985.

Does Awaab's Law help with damp?

Yes, where the Awaab's Law framework applies, damp and mould complaints trigger set investigation and repair timescales. The underlying section 11 and fitness duties still matter even outside those deadlines.