Is my landlord responsible for mould in my flat?

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Direct answer

Almost always yes. Mould caused by leaks, poor insulation, defective heating, missing extractor fans, or other building problems is the landlord's responsibility under section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.

The dividing line is the cause, not who spotted it. If mould comes from a building defect - a leaking roof or pipe, penetrating or rising damp, cold bridging, broken extractor fans, or heating that does not work - it is the landlord's duty to fix it. A tenant is only responsible where mould is purely down to how they live in the property and the building itself is sound and adequately heatable, which is rare and hard for a landlord to prove.

Two laws do the work. Section 11 of the Landlord and Tenant Act 1985 makes the landlord keep the structure, exterior, and heating in repair. The Homes (Fitness for Human Habitation) Act 2018 goes further: the home must be fit to live in throughout the tenancy, and serious mould that risks your health makes it unfit. Under Awaab's Law, social landlords already face fixed timescales to investigate and fix damp and mould, and those duties are being extended to the private rented sector.

What to do: report the mould in writing and keep a copy, take dated photos, and give the landlord a reasonable chance to act. If they do not, complain to your council's Environmental Health team, who can inspect under the Housing Health and Safety Rating System and order works. You can also bring a disrepair claim for repairs and compensation. A landlord cannot lawfully evict you for complaining about mould.

This page provides general legal information for renters in England. It is not legal advice. For advice on your specific situation, call Shelter on 0808 800 4444 or contact your local Citizens Advice.

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Common questions

Is my landlord responsible for mould in my flat?
Almost always yes. Mould caused by leaks, poor insulation, defective heating, missing extractor fans, or other building problems is the landlord's responsibility under section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.
Who is responsible for mould, the landlord or the tenant?
Usually the landlord. If the mould is caused by a building defect such as a leak, damp, poor insulation, or broken heating or extractor fans, it is the landlord's duty to fix it under s.11 LTA 1985 and the Homes (Fitness) Act 2018. The tenant is only responsible where the building is sound and the mould is purely from lifestyle, which a landlord rarely can prove.
Does a landlord have to fix mould?
Yes, where the mould stems from disrepair or makes the home unfit to live in. The landlord must investigate and carry out repairs within a reasonable time. If they ignore it, your council's Environmental Health team can order the work and you may claim compensation.
What are my rights as a tenant living with mould?
You have the right to a home that is fit for human habitation, the right to have building-related mould repaired, the right to escalate to Environmental Health, and protection from retaliatory eviction for complaining. Report it in writing, keep evidence, and use the free damp and mould checker to see where you stand.

Use the interactive checker on getrentersrights.com for the full step-by-step result.