We explain the causes, who’s responsible and what to do.

Let’s set the scene. You finally find somewhere to rent, you get the keys, you move every last box in and start making it a home. But wait, what are those dark spots growing in the corner of the room? Mould? Damp? Surely not…

Damp and mould can be tricky to deal with when you’re renting. They can be caused by a few things. Any damp or mould caused by structural, design or disrepair problems will be up to the landlord to sort out. But there might be some things you are doing that could be making the problem worse.

What’s causing mould or damp?

Mould is a fungus that usually grows in areas where warm damp air condenses on cold surfaces. You might see mould around window frames or in corners of the bathroom. Damp is when an area of the property doesn’t seem to dry out, often because it’s cold. Damp is usually caused by structural issues, like bad insulation, a leaking roof or pipes.

(NB. This article is for England only and doesn’t cover “rising damp”).

Causes of mould & damp could be several things or a combination — so who’s responsible?

Who is responsible for mould and damp depends on what’s causing it.

Your landlord will be responsible if the problem is caused by:

• disrepair to the structure or exterior of the property, e.g. leaking roof,
• problems with installations like pipes, radiators, boiler sink etc
• any disrepair in communal areas
• design faults — e.g. inadequate insulation, heating or ventilation
• construction faults — e.g. a faulty flat roof
• a building poorly adapted into flats/bedsits causing overcrowding in the property.

You could be contributing to it or causing it if you’ve:

• not heated and/or ventilated the property properly
• piled items against an external wall
• caused damage to the property
• installed an appliance that’s leaking (e.g. washing machine)
• moved more people into the property than your agreement permits.

“I’m just living normally in the property but my landlord still says that I’m causing the problem.”

Showering, having a bath, cooking, washing and drying clothes are normal activities— the kind of things that everybody expects to be able to do in their home.

If your home can’t be lived in normally without creating damp and mould then it’s the property that is the problem. The property should be capable of being used in a reasonable way, and you should be able to live normally in a property that you can adequately heat and ventilate.

In December 2020, 2-year old Awaab Ishak died as a result of a severe respiratory condition due to prolonged exposure to mould in his home environment. The landlord had blamed the lifestyle of the tenants but the coroner found that the landlord had failed to consider that the “property had inadequate ventilation and was not equipped for normal day-to-day living activities, which led to excess damp and condensation.”

“The landlord said I need to heat the home all the time and keep the windows open!”

It is your responsibility to keep your rented home warm. But the property also needs to be capable of being heated to a reasonable temperature. If the property is very poorly insulated, then it may be very difficult or expensive to keep it warm. Is the heating working properly? Are the doors and window frames in a good state of repair? These issues are the landlord’s responsibility, unless the tenant has damaged them.

The cost of fuel at the moment is making it very difficult for many people to afford the bills. If you are struggling with paying the bills, we can help.

What can you do about damp and mould problems?

Make sure you:

• keep the property reasonably warm, if possible
• open windows to let the steam out after having a shower/bath and when cooking
• leave windows/vents open a bit when drying washing indoors
• check trickle vents are open and not blocked
• check any extractor/ventilation fans are working and not blocked.

If you’ve done what you can and you’re still having problems, our self-help advice will help.

Taking action

Before you decide to do anything, remember your landlord could take retaliatory action. If you have an Assured Shorthold Tenancy your landlord only has to give you 2 months’ notice to leave, although they do need to get a court order to evict you. (They can do this under Section 21 Housing Act 1988 and don’t need to prove that the tenant has done anything wrong.)

1.Put it in writing or email (not just text or on social media)

• Follow any instructions in your tenancy agreement on how to report repairs.
• Look for an “address for service of notices” in your agreement: it’s best to also report any issues and explain the problem to the landlord in writing at that address.
• Keep it friendly, but professional.

2. Let your landlord have access to the property to come and inspect the property or do the repairs. The landlord/agent should give you 24 hours written notice of a visit, and arrange a reasonable time with you — be flexible.
3. Allow reasonable time for the landlord to sort the problem out. The length of time depends on the issue.
4. Contact your landlord/agent to follow-up and ask about progress.
5. If repairs are still not done, seek advice from your Local Citizens Advice, who can help you decide what next steps to take. Remember, your landlord may find these steps confrontational and you might risk being evicted.

• Report the issue to the local authority Environmental Health Department — they have powers to make landlords do repairs where there is a risk to health and safety. This process can sometimes give you protection from a “Section 21” eviction.
• You might be able to take legal action against the landlord for breach of contract, this could result in the repairs being done and, in some cases, an award of damages (compensation). See Taking court action

Taking court action

See the our webpage on ‘Going to court if your landlord won’t do repairs’

You will usually need to get specialist advice because there are rules to follow called the “Pre Action Protocol”, and getting it wrong can prove costly.

If you need specialist advice…

Legal Aid is available to pay for legal advice and representation where there is a serious risk to health and safety (check you are eligible on GOV.UK). You cannot get damages (compensation) under legal aid, but the court can order the work to be done. You can find an adviser with a legal aid contract here.

Private claims firms/solicitors: Some law firms offer Conditional Fee Agreements (like “no win no fee”) for housing standards/disrepair claims. Be very careful about choosing a company and read any agreement carefully. Check how much of any payout they will take as fees.

In summary…

1. Damp and mould can be caused by a number of issues, but if a property can’t be lived in normally without creating damp and mould then it’s the property that is the problem.
2. Cooperate with your landlord, be willing to make reasonable compromises.
3. Take action and put things in writing.
4. Contact Citizens Advice, we’ll help you find a way forward.

Notes to editors

This blog was shared Mark Rayfield – Housing Expert, Citizens Advice – on February 21, 2023.