Damp and mould

Damp and mould are related housing hazards caused by excess moisture in a property. Moisture accumulates on or within building fabric and surfaces, and where ventilation, heating, or structural integrity is insufficient, mould growth follows, typically presenting as black, green, or white patches on walls, ceilings, window frames, or furnishings. Damp and mould are classified as a category 1 hazard under the Housing Health and Safety Rating System (HHSRS) when they pose a significant risk to occupant health, which triggers a local authority duty to take enforcement action under the Housing Act 2004.

As confirmed in the government's damp and mould guidance for landlords, irrespective of the type of damp, landlords are legally responsible for addressing it and must work with qualified professionals to do so.

The three types of damp

Understanding the cause is the first step in determining both the remedy and the legal responsibility.

Condensation is the most common type in rented housing. It occurs when moisture generated by normal activity, including cooking, bathing, breathing, drying clothes, meets cold surfaces such as external walls, windows, or the corners of rooms. Black mould is the characteristic result. While tenants have a role in managing condensation through adequate ventilation and heating use, a property with insufficient insulation, extractor fans that do not work, or heating systems that cannot maintain adequate warmth may produce condensation regardless of tenant behaviour. The lifestyle defence, attributing condensation damp solely to how the tenant lives, is increasingly difficult to sustain and is explicitly rejected in government guidance.

Rising damp occurs when moisture travels upward from the ground into the building fabric, typically through failed or absent damp-proof course (DPC). It generally affects ground-floor walls up to around one metre high, leaving a distinctive tide mark. Rising damp is a structural matter and falls squarely within the landlord's repair obligations under Section 11 of the Landlord and Tenant Act 1985.

Penetrating damp enters from outside through defects in the building envelope, including cracked render, failed pointing, blocked gutters, broken downpipes, leaking roofs, or deteriorating window frames. Like rising damp, penetrating damp is a structural or maintenance failure that the landlord is responsible for repairing under Section 11.

Landlord legal obligations

Three overlapping legislative frameworks govern damp and mould in private rented housing in England:

Section 11 of the Landlord and Tenant Act 1985 implies a covenant into assured tenancies (and most residential tenancies of under seven years) requiring the landlord to keep the structure and exterior in repair, and to maintain heating and water installations in proper working order. Penetrating damp from a leaking roof, or condensation caused by a defective heating system, falls within Section 11.

The Homes (Fitness for Human Habitation) Act 2018 extends obligations beyond structural disrepair to require that a property is fit for human habitation throughout the tenancy, including where damp and mould create an ongoing health risk even if no individual component is technically in disrepair. A tenant can bring a claim directly in the county court for breach of this implied term.

The HHSRS (Housing Act 2004) gives local authorities the power to inspect properties and serve improvement notices where damp and mould constitute a category 1 hazard. Failure to comply with an improvement notice is a criminal offence.

Awaab's Law: current position and the PRS extension

Awaab's Law, named after two-year-old Awaab Ishak, who died in 2020 following prolonged exposure to mould in his home, came into force for the social rented sector on 27 October 2025 under the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025. It requires social landlords to investigate significant damp and mould hazards within 10 working days of becoming aware of them, begin repair works within 7 days of identifying a significant hazard, and make emergency hazards safe within 24 hours.

The Renters' Rights Act 2025 commits to extending Awaab's Law to the private rented sector as part of Phase 3. No secondary legislation or commencement date has been confirmed as of May 2026, the government has indicated it will consult on PRS implementation "in due course." Private landlords are not yet subject to Awaab's Law's statutory timeframes, but the government's own guidance makes clear that the direction of travel is unambiguous and landlords who cannot demonstrate prompt, documented responses to damp and mould reports will face increasing difficulty defending enforcement actions under existing law in the meantime.

From working with self-managing landlords across the UK, we see that the records a landlord keeps after a tenant reports damp or mould, the date of the report, the inspection outcome, the cause diagnosed, and the works completed, are what determine whether an enforcement action or ombudsman complaint succeeds or fails. August's maintenance reporting feature creates a dated, timestamped record of every report, response, and repair, building the documented trail that regulators look for.

For a full guide to damp and mould obligations and what the planned PRS extension of Awaab's Law will mean in practice, see our guide to preventing damp and mould under Awaab's Law.

Frequently asked questions

Is damp and mould always the landlord's responsibility?

In most cases, yes, particularly where the cause is structural (penetrating damp, rising damp, failed heating or ventilation systems). Condensation is more nuanced: where a property is properly insulated, heated, and ventilated and damp persists because of the tenant's behaviour, the tenant may bear some responsibility. However, government guidance is clear that the lifestyle defence, assuming condensation is caused by the tenant without investigation, is not acceptable. Landlords must inspect, diagnose the root cause, and demonstrate through records that they have done so.

What are the legal consequences of ignoring damp and mould?

Local councils can serve an improvement notice under the Housing Act 2004 requiring remedial works; failure to comply is a criminal offence and can result in a civil penalty of up to £30,000. Tenants can apply to the county court for breach of the implied fitness for human habitation covenant under the 2018 Act, or seek a rent repayment order where relevant offences have been committed. Compensation awards in damp and mould cases can be substantial, particularly where children or vulnerable occupants have been affected.

What is the difference between condensation, rising damp, and penetrating damp?

Condensation is caused by moisture generated inside the property condensing on cold surfaces, the most common type in UK housing, typically producing black mould on walls and windows. Rising damp moves upward from the ground through the building fabric, usually through a failed damp-proof course, affecting ground-floor walls up to about one metre high. Penetrating damp enters from outside through structural defects such as cracked render, failed pointing, leaking roofs, or blocked gutters. Rising and penetrating damp are always the landlord's structural responsibility. Condensation liability depends on whether the property is adequately insulated, heated, and ventilated.

Does Awaab's Law apply to private landlords?

Not yet, as of May 2026. Awaab's Law came into force for social housing (housing associations and councils) on 27 October 2025. The Renters' Rights Act 2025 commits to extending equivalent obligations to the private rented sector in Phase 3, but secondary legislation and a commencement date have not been confirmed. Private landlords remain subject to their existing obligations under the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018, and the HHSRS framework, all of which already require prompt and thorough responses to damp and mould.