Damp and Mould in a Rented Flat Your Rights as a London Tenant

Damp and Mould in a Rented Flat: Your Rights as a London Tenant

Finding damp or mould in your rented home is stressful — and all too common. London has one of the highest rates of private renting in the country, with over 2.7 million people living in privately rented properties across the city. Damp and mould affect thousands of those homes every year.

The good news: your legal protections as a tenant have never been stronger. Following the tragic death of two-year-old Awaab Ishak in Rochdale, and the subsequent introduction of Awaab’s Law and the Renters’ Rights Act 2025, landlords in England now face stricter obligations than ever before to address damp and mould quickly.

This guide explains exactly what your rights are, what your landlord must do, and what steps to take if they don’t.


Is your landlord legally responsible for damp and mould?

Yes — in most cases. Under the Landlord and Tenant Act 1985, landlords are responsible for keeping the structure and exterior of the property in repair, and for maintaining the installations for heating, water, and ventilation. Damp caused by structural defects, failed pointing, a leaking roof, damaged guttering, or a failing damp proof course is your landlord’s responsibility to fix.

The Homes (Fitness for Human Habitation) Act 2018 goes further: it requires all rented properties to be fit for human habitation throughout the tenancy. Damp and mould that poses a risk to health means the property may not meet this standard — and you can take court action as a result.

Expert Tip: Many London landlords initially blame condensation mould on tenant behaviour — “you’re not opening windows enough.” While condensation is sometimes a contributing factor, your landlord cannot use this as an excuse to ignore a genuine structural damp problem. If the property has inadequate ventilation or heating, that is their responsibility to address, not yours to manage around.


What is Awaab’s Law and does it apply to your home?

Awaab’s Law came into force in October 2025 and currently applies to social housing (council properties and housing association homes). It requires social landlords to:

  • Investigate hazardous damp and mould reports within 14 days
  • Begin emergency repairs within 24 hours where there is an immediate risk to health
  • Complete all repairs within a fixed timeframe

The government has confirmed it intends to extend Awaab’s Law to private rented properties as part of the broader rollout of the Renters’ Rights Act. If you are in social housing in London, this law is already fully in effect and enforceable.

👉 Read our full guide to Awaab’s Law →


The Renters’ Rights Act 2025: what it means for London tenants

The Renters’ Rights Act 2025 introduced significant new protections for private renters across England. Key changes relevant to damp and mould include:

Abolition of Section 21 “no-fault” evictions — Landlords can no longer evict tenants simply for complaining about disrepair. This removes a major barrier that previously stopped many London tenants from reporting damp or mould problems.

Decent Homes Standard for private rentals — For the first time, private rented homes must meet a minimum standard of habitability. Properties with serious damp, mould, or excess cold are likely to fail this standard.

Stronger local authority powers — London councils now have greater powers to inspect private rented properties and issue civil penalties to landlords who fail to address hazards including damp and mould.


How to report damp and mould to your landlord: a step-by-step guide

Documenting everything properly is crucial — both to protect your tenancy and to strengthen any future legal claim.

Step 1: Report it in writing

Always report damp or mould in writing, even if you’ve already spoken to your landlord verbally. Send an email or letter so you have a time-stamped record. Be specific about what you’ve found and where.

Step 2: Take photographs and notes

Photograph all affected areas with the date visible. Note when you first noticed the problem and whether it has been getting worse. If you have a hygrometer, record humidity readings.

Step 3: Give your landlord a reasonable timeframe

Your landlord is entitled to a reasonable amount of time to investigate and respond. For standard repairs, 14–28 days is generally considered reasonable. For issues that pose an immediate health risk — such as severe black mould in a bedroom — you are entitled to expect faster action.

Step 4: Follow up in writing if they don’t respond

If you receive no response within the agreed timeframe, follow up in writing and state clearly that you will report the issue to the relevant authorities if it is not addressed.

Expert Tip: Keep every communication in one email thread rather than starting new ones each time. Courts and ombudsmen will look at the full chain of correspondence — a single, clear thread is far more compelling evidence than a scattered set of messages.

👉 Read about your landlord’s legal responsibility and how to claim compensation →


What if your landlord refuses or fails to act?

If your landlord fails to address damp and mould after being notified, you have several escalation routes.

Report to your local council

Every London borough has an Environmental Health team that can inspect private rented properties under the Housing Health and Safety Rating System (HHSRS). Damp and mould are Category 1 hazards under HHSRS, meaning councils have a legal duty to take action. The council can serve improvement notices, prohibition orders, and in serious cases, carry out emergency works and charge the landlord.

Contact the Housing Ombudsman or Property Redress Scheme

All private landlords in England must be registered with a redress scheme. If your landlord is a member of the Housing Ombudsman service (all social landlords are), you can raise a formal complaint. Private sector tenants can also use the Property Redress Scheme.

Apply to the First-tier Tribunal (Property Chamber)

If you want the court to order your landlord to carry out repairs, you can apply to the First-tier Tribunal without needing a solicitor. This is particularly effective for clear-cut repair issues like ongoing damp.

Take your landlord to court

Under the Homes (Fitness for Human Habitation) Act 2018, you can sue your landlord in the County Court if the property is unfit to live in. If successful, you may be awarded compensation for damage to belongings, health impacts, and distress. Many solicitors will take these cases on a no-win, no-fee basis.


Can you withhold rent due to damp and mould?

No — you should not withhold rent. Even if your landlord is in breach of their obligations, withholding rent puts you at risk of eviction for rent arrears. Instead, use the legal routes above. Some tenants in very serious cases obtain a court order allowing them to pay for repairs themselves and deduct the cost from rent — but only after following formal legal procedures.


What if you’re in council housing or a housing association property in London?

If you rent from the council or a housing association in London, Awaab’s Law already applies. Your landlord must:

  • Acknowledge your complaint within 14 days
  • Begin emergency repairs within 24 hours if the hazard is serious
  • Complete all damp and mould repairs within a defined timescale

If they fail to meet these obligations, you can complain to the Housing Ombudsman, who has the power to order repairs and compensation.


Can you get compensation for damp and mould as a London tenant?

Yes, in many cases. Compensation can cover:

  • Damage to clothing, furniture, and personal belongings
  • Additional heating costs incurred due to the damp
  • Health impacts caused by exposure to mould
  • General inconvenience and distress
  • The difference between the rent paid and the actual value of the property in its condition

Compensation amounts vary widely depending on the severity and duration of the problem, but awards of £1,000–£10,000+ are not uncommon in serious cases.


Frequently Asked Questions

Can my landlord blame me for damp and mould in my rented flat?
Landlords can claim condensation mould is caused by tenant habits, but structural issues are their responsibility. If the property lacks proper ventilation, heating, or insulation, the landlord must fix it. Tenants are not liable for damp caused by building defects.

How quickly must a landlord fix damp and mould in a private rented property?
There’s no fixed legal timeframe yet, though Awaab’s Law updates are expected. Typically, landlords should respond within 14 days and complete repairs within 28 days. Severe cases, such as black mould affecting a child’s bedroom, require immediate action.

Can I be evicted for reporting damp and mould?
No. The Renters’ Rights Act 2025 abolished Section 21 no-fault evictions. Reporting damp and mould cannot be a reason for eviction. Any attempt by a landlord would be an unlawful retaliatory eviction.

What if mould is making my child ill?
Act urgently. Report the issue in writing to your landlord, contact your GP to document health impacts, and notify your local council’s Environmental Health team. Collecting this evidence is essential if legal action becomes necessary.

Does the council have to help me even if I’m a private tenant?
Yes. Local councils can inspect properties and enforce repairs under the Housing Health and Safety Rating System (HHSRS), even for private tenants. Enforcement levels vary by borough, but all councils have the authority to act against unsafe living conditions.

My landlord says the damp is caused by condensation — is that their problem or mine?
It depends on the cause. Structural issues like poor ventilation, single-glazed windows, inadequate heating, or cold-bridging are the landlord’s responsibility. Tenants should ventilate and heat consistently but are not liable for underlying building defects.


Worried about damp in your rented home?

If you’re a tenant dealing with damp or mould, getting an independent professional assessment can be powerful evidence in any dispute with your landlord. Our team covers London and can produce a detailed report on the cause and extent of the problem.

Book a damp survey in London | Call us: 020 4542 6114

We cover all London boroughs including Hackney, Haringey, Brent, Camden, Enfield, and more.

London councils with direct Environmental Health or Housing Enforcement contacts for tenants facing damp and mould issues, plus key support organisations:

BoroughCouncil ContactPhoneWebsite
Barking & DagenhamEnvironmental Health020 8215 3000Link
BarnetHousing Enforcement020 8359 3000Link
BexleyEnvironmental Health020 3045 5555Link
BrentHousing Standards020 8937 5350Link
BromleyHousing Standards020 8461 7777Link
CamdenHousing Enforcement020 7974 4444Link
CroydonEnvironmental Health020 8726 6000Link
EalingHousing Standards020 8825 7000Link
EnfieldEnvironmental Health020 8379 1000Link
GreenwichHousing Enforcement020 8921 8856Link
HackneyHousing Standards020 8356 3100Link
Hammersmith & FulhamHousing Enforcement020 8753 1081Link
HaringeyEnvironmental Health020 8489 1000Link
HarrowHousing Standards020 8424 1030Link
HaveringEnvironmental Health01708 434343Link
HillingdonHousing Enforcement01895 556000Link
HounslowHousing Standards020 8583 3600Link
IslingtonHousing Enforcement020 7527 2000Link
Kensington & ChelseaEnvironmental Health020 7361 3000Link
Kingston upon ThamesHousing Enforcement020 8547 5002Link
LambethHousing Standards020 7926 9000Link
LewishamHousing Enforcement020 8314 6000Link
MertonEnvironmental Health020 8274 4901Link
NewhamHousing Standards020 8430 2000Link
RedbridgeHousing Enforcement020 8708 2000Link
Richmond upon ThamesEnvironmental Health020 8891 7971Link
SouthwarkHousing Standards020 7525 5000Link
SuttonHousing Enforcement020 8770 5000Link
Tower HamletsHousing Standards020 7364 5000Link
Waltham ForestEnvironmental Health020 8496 3000Link
WandsworthHousing Enforcement020 8871 7707Link
WestminsterHousing Standards020 7641 6000Link

Support Organisations

OrganisationContactWebsite
Shelter0808 800 4444shelter.org.uk
Citizens Advice0800 144 8848citizensadvice.org.uk
London Renters’ UnionN/Alondonrentersunion.org
Housing Ombudsman0300 111 3000housing-ombudsman.org.uk
Hammersmith & Fulham Law Centre020 8741 3700hflaw.org.uk
North Kensington Law Centre020 8969 7473northkensington.org